- (1.) The application is allowed and Annexures P-1 to P-8 are taken on record, subject to all just exceptions. Main Case
(2.) Haryana Power Generation Corporation Limited having failed in both the Courts below has filed this revision petition under Section 39(2) of the Arbitration Act, 1940 (in short, the 'Act') to challenge judgments and decrees of the Courts below.
(3.) At the outset, it has to be noticed that the instant revision petition has been filed under a wrong provision because Section 39(2) of the Act does not make any provision for filing of revision petition. Section 39 (1) provides for first appeal whereas Section 39(2) bars second appeal without affecting the right of appeal to Hon'ble Supreme Court. Accordingly the instant revision petition is treated to be revision petition under Section 115 of the Code of Civil Procedure.;