Madhya Pradesh High Court
M/S Virgo Softech Limited vs Department Of Food Civil Supplies And ... on 19 May, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 19th OF MAY, 2022
REVIEW PETITION No. 300 of 2022
Between:-
M/S VIRGO SOFTECH LIMITED THROUGH
YOGENDRA KASHYAP AUTHORISED
REPRESENTATIVE A-24/5, MOHAN
COOPERATIVE INDUSTRIAL ESTATE MATHURA
ROAD, NEW DELHI (DELHI)
.....PETITIONER
(BY MR. AKHIL SACHAR, ADVOCATE WITH MR. AKSHAT
AGRAWAL, ADVOCATE)
AND
DEPARTMENT OF FOOD CIVIL SUPPLIES AND
CONSUMER PROTECTION THROUGH
COMMISSIONER VINDHYACHAL BHAWAN, I
FLOOR, D-WING, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY MR.PIYUSH JAIN, GOVT. ADVOCATE)
This petition has come up for hearing on this day. The court passed the
following:
ORDER
Petitioner has filed this writ review petition making a prayer for modification of order dated 28.01.2022.
Matter is listed in default and respondent has raised objection that authorization letter is not filed by petitioner.
Petitioner is directed to cure aforesaid defect within a period of three Signature Not days.
SAN Verified Digitally signed by It is submitted that in said order, direction was given that arbitrator shall NEETI TIWARI Date: 2022.05.20 11:03:06 IST 2 enter into reference and pass an award in accordance with law. It is submitted that in Arbitration Case No.27/2015, direction was given to parties to appoint their respective arbitrators within a further period of one month from today and the arbitrator so appointed by them are also requested to appoint the third arbitrator within a further period of one month so that matter can be decided expeditiously. It is submitted that due to error, it has been mentioned in the order that arbitrator will enter into reference. It is submitted that arbitrator, which has been appointed by Court and arbitrator which is appointed by applicant shall appoint a third arbitrator and, thereafter, they will enter into reference. In view of same, prayer is made for modification of the order dated 28.01.2022.
In view of aforesaid, paragraph-4 & 5 of order dated 28.01.2022 is modified to the extent that second Arbitrator Mr. R.C. Mishra (Former Judge) R/O HIG-7 Rishi Nagar, Char Imli, Bhopal (MP) 462016, Mobile No.9425009069 E.Mail [email protected] is appointed as an Arbitrator and Arbitrator-Mr. R.C.Mishra & another Arbitrator-Mr.J.D.Kapoor (Former Judge) will appoint a third arbitrator and thereafter, tribunal will enter into reference.
This order will become operative only after removal of default & filing of authorization letter.
With aforesaid modification in the order dated 28.01.2022, this review petition stands disposed off.
Certified copy as per rules.
Signature SAN Not Verified Digitally signed by (VISHAL DHAGAT) NEETI TIWARI Date: 2022.05.20 V. JUDGE 11:03:06 IST 3 nd Signature SAN Not Verified Digitally signed by NEETI TIWARI Date: 2022.05.20 11:03:06 IST