Dismissed

J and K Power Dev Deptt Th Its Chief Engineer v. M/S Kec International Ltd.

J&K HC7 Dec 2021RP/26/2021

Case brief

AI extract

What is this about?

Three review petitions filed under Section 37 of the Arbitration and Conciliation Act by the Power Development Department were dismissed. The court rejected the applicant's request to expunge general observations on corruption as they were not prejudicial to any specific officer. Ultimately, the Review Petitions were dismissed.

What did the court decide?

Review petitions dismissed; request for expunction of observations rejected.

J and K Power Dev Deptt Th Its Chief Engineer Vs M/S Kec International Ltd. — J&K HC (2021) — LawSathi Research

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Sr. Nos. 7 & 56

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HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU

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CJ Court

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1. Case: RP No. 25 of 2021

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Jammu and Kashmir Power Development (P.D.D) Department

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.....Appellant/Petitioner(s) Through :- Sh. Amit Gupta, AAG

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v/s

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M/s. KEC International Ltd.

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.....Respondent(s)

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Through :- Sh. Rahul Sharma, Advocate

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2. Case : RP No. 26 of 2021

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Jammu and Kashmir Power Development Department

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.....Appellant/Petitioner(s) Through :- Sh. Amit Gupta, AAG

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v/s

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M/s. KEC International Ltd. .....Respondent(s)

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Through :- Sh. Rahul Sharma, Advocate.

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Case: RP No. 27 of 2021

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Jammu and Kashmir Power Development Department

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.....Appellant/Petitioner(s) Through :- Sh. Amit Gupta, AAG

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v/s

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M/s. KEC International Ltd. .....Respondent(s)

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Through :- Sh. Rahul Sharma, Advocate.

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2 RP Nos. 25, 26 & 27 of 2021

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CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

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ORDER

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Heard Sh. Amit Gupta, learned Additional Advocate General appearing for the petitioner.

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The petitioner has moved these applications for review of the judgment and order dated 21.11.2021 by which three appeals filed under Section 37 of the Arbitration and Conciliation Act, (hereinafter for short ‘ the Act’) were dismissed holding that the petitions filed under Section 34 of the Act were time barred.

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Sh. Amit Gupta, learned counsel submits that the court in dismissing the appeals has made certain remarks which are prejudicial to the working of the officers of the Government and the Corporation and, as such, the review is limited for the expunction of the said remarks.

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The offending remarks are stated to be those contained in paragraph nos. 29 and 30 of the judgment.

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We have perused the said remarks and find that they are of general nature and are not directed against any particular officer or the functionary of the government. The court has only observed that as a test case a message should go that all those who are indulging or trying to enter into the activities with regard to mis-utilizing or usurping of tax payers’ money shall not be spared and that some disciplinary action would always be taken against them including that of recovery of the loss caused.

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In view of the above general nature of the remarks without attributing the same to any particular person, we find it does not cause any prejudice to

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RP Nos. 25, 26 & 27 of 2021

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any person in particular. Moreover, the said observations or remarks recorded

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by the court in the facts and circumstances of the case recorded in earlier

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paragraphs and, as such, do not deserve to be expunged.

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No case for review has been made out.

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Accordingly, the review petition Nos. 25, 26 & 27 of 2021 are dismissed.

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(SANJAY DHAR) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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JAMMU

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07.12.2021

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Tilak

J and K Power Dev Deptt Th Its Chief Engineer v. M/S Kec International Ltd.

Case brief

What is this about?

What did the court decide?

J and K Power Dev Deptt Th Its Chief Engineer v. M/S Kec International Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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