TaxTMI 
TaxTMI 
2006 (7) TMI 661
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....gh Court of Punjab and Haryana as one of the arbitrators. Notice was issued by me on May 4, 2006 by making it returnable on May 11, 2006. On returnable date, the parties were heard. It is not necessary to narrate the facts in detail in the present review petition since they had been stated in the main order. It was submitted by the learned counsel for the applicant that there were two obvious errors in the order wherein it was observed as if the applicant (respondent in the Arbitration Petition) submitted that arbitration may be held in London or in Singapore where arbitration proceedings were going on between the parties and the applicant had no objection if the matter was referred to arbitration in London or in Singapore. On merits, it ....
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....mitted that as per UNCITRAL Model, three arbitrators ought to have been appointed. To that extent, therefore, the order deserves to be reviewed and an appropriate order requires to be passed for appointment of three arbitrators. The learned counsel for the respondent contested the review petition. He raised a preliminary objection that review petition is not maintainable and it is liable to be dismissed on that ground alone. He submitted that there is no inherent power of review in a Court or in any other authority. Such power must be conferred expressly by a statutory provision. It is also submitted that the judgment of a larger Bench of this Court in SBP & Company v. Patel Engineering Ltd., (2005) 8 SCC 618 makes it clear that the power ....
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....e judicial, it cannot be contended that an application for review of an order passed by the Chief Justice of India or his nominee is not maintainable. In my opinion, the learned counsel for the applicant is right in relying upon Article 137 of the Constitution which reads thus: 137. Review of judgments or orders by the Supreme Court. Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it. An order passed by the Chief Justice of India or his nominee under Section 11(6) of the Act is indeed an 'order' within the meaning of Article 137 of the Constitution and is subject to review under the aforesaid provision....