Supreme Court dismisses review petitions reaffirming Article 137 limited to error apparent on record

The SC dismissed review petitions challenging its earlier judgment. The Court reiterated that review power under Article 137 and Order XLVII Rule 1 can only be exercised on limited grounds, specifically error apparent on face of record. Such error must be self-evident from the record without requiring elaborate reasoning or where two opinions are possible. The Court emphasized that review cannot function as appellate power and must be strictly confined to statutory scope. Finding no grounds satisfying the stringent review criteria, the petitions were dismissed.

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Issues Involved:

1. Review of Judgment dated 10.08.2021
2. Jurisdiction and enforceability of the foreign arbitral award
3. Scope and grounds for review under Article 137 of the Constitution of India and Order XLVII Rule 1 CPC

Summary:

1. Review of Judgment dated 10.08.2021:
The Review Petitioner, Arun Dev Upadhyaya, sought a review of the Supreme Court's judgment dated 10.08.2021 in Civil Appeal Nos. 8345-8346 of 2018, which dismissed his appeals against the enforcement of an arbitral award in favor of Integrated Sales Service Ltd. (Respondent No.1).

2. Jurisdiction and enforceability of the foreign arbitral award:
The representation agreement between DMC and Respondent No.1 included an arbitration clause under the laws of Missouri, USA, later amended to Delaware laws. The Review Petitioner, not a signatory to the agreement, was included in the arbitration proceedings, leading to an award holding him jointly and severally liable. The award was challenged on the grounds that it was not enforceable against non-signatories under Indian law. The Supreme Court held that the enforcement of foreign awards under Section 46 of the Arbitration and Conciliation Act, 1996, applies to all persons, including non-parties to the arbitration agreement, and that tortious disputes connected to the agreement can also be referred to arbitration.

3. Scope and grounds for review under Article 137 of the Constitution of India and Order XLVII Rule 1 CPC:
The review petitions were filed under Article 137 of the Constitution and Order XLVII Rule 1 of the Supreme Court Rules, 2013. The Court reiterated that review jurisdiction is limited to errors apparent on the face of the record and cannot be used to reargue or reexamine the merits of the case. The Court cited precedents emphasizing that an error must be self-evident and not require a long-drawn process of reasoning. The Supreme Court found that all arguments raised in the review petitions had been thoroughly considered in the original judgment, and no new grounds for review were presented. Consequently, the review petitions were dismissed.

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