M/S. RELIANCE JUTE MILLS (INTRNATIONAL) LIMITED Vs. M/S. ORIENTAL INSURANCE COMPANY LIMITED
LAWS(CAL)-2018-7-277
HIGH COURT OF CALCUTTA
Decided on July 06,2018

M/S. Reliance Jute Mills (Intrnational) Limited Appellant
VERSUS
M/S. ORIENTAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

I.P.MUKERJI,J. - (1.) The Court: This is an application for review of my judgment and order dated 19th April, 2017.
(2.) By that judgment the Section 11 application of the applicant (AP 1047 of 2016) was dismissd by this Court. The reason advanced for such dismissal was that there was a full and final settlement of the claim of the applicant, between the parties. There was no subsisting dispute to be referred to arbitration. Although this Court did not refer to it in the judgment and order, the conclusion reached by this Court was on the basis of well known authorities like M/s. S.B.P. and Co. v. M/s. Patel Engineering Limited and Anr. reported in (2005) 8 SCC 618 , which laid down that if the Court found that a claim sought to be referred to arbitration had been extinguished by limitation or accord, satisfaction etc, there was really no dispute between the parties to be referred to arbitration.
(3.) This review application proceeds on the premise that there was an apparent error of law on the face of my judgment and order, to which I will refer immediately after dealing with the maintainability point.;


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