2009 (7) TMI 782

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....itioner Neeraj Malhotra for the Respondent JUDGMENT Mukul Mudgal, J.-This appeal challenges the judgment dated 13 March 2003 passed by the learned Single Judge by which the learned Single Judge declined to review its order dated 15 December 1999. 2. The order dated 15 December 1999 reads as follows: "15.12.1999 Present: Mr. Sanjeev Anand with Ms. Kajal Chandra for the petitioner. ....

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....owing statements of the counsel were recorded on 26 October 1998: "26.10.1998 Present: Ms. Kajal Chandra for the petitioner Suit No. 1836-A/98 Counsel appearing for the petitioner accepts notice of filing of award on behalf of the petitioner. No objections are to be filed. Left fresh court notice of filing of award be issued to the respondent, without process fee for 19.2.99. Joint ....

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....and it was not open for the appellant/petitioner to reopen the whole case. 5. It is also pertinent to refer to the finding of the learned Single Judge in paragraph 20 of the impugned judgment wherein the learned Single Judge has held as follows: "Be that as it may, the fact remains that the award is being sought to be modified or set aside in respect of the interest by the executing court. T....