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Judgment
5 paragraphs · 251 wordsMahendar Kumar Goyal, J
This review petition under Order 47 Rule 1 read with Section 151 of CPC has been filed seeking review of order dated 02.09.2020 passed by this Court in S.B. Civil Writ Petition No.8756/2020.
Learned counsel for the review petitioners/respondents submitted that due to poor connectivity, he could not canvass at the time of hearing of the writ petition that the suit has not been rendered infructuous though, the Arbitrator has passed the award. He, therefore, prayed for reviewing and recalling the order dated 02.09.2020.
Heard the learned counsel for the review petitioners and perused the record.
The writ petition was disposed of as the learned counsel for the petitioners has submitted that the suit itself was rendered infructuous as the Arbitrator has already passed the award qua the dispute raised in the civil suit and the learned counsel appearing for the respondent agreed thereto. Now, this review petition has been filed stating that the suit is not rendered infructuous. However, a perusal of the memo of review petition reveals that it is bereft of any such averment. The only averment made therein is that against the award passed by the Arbitrator, the review petitioner/respondent has preferred application under Section 34 of the Arbitration and Conciliation Act, 1996 before the District Judge, Jaipur Metropolitan, Jaipur. Since, the review petitioner has nowhere disputed and denied the factual position to which he has agreed in the order dated 02.09.2020, the review petition is devoid of merit and is dismissed accordingly.