Bombay High Court
JAYANT FURNISHERS PRIVATE LIMITED, THRU. MANAGER MR. SHRIKANT VAIDYAversusIRCLASS INDIAN REGISTER OF SHIPPING
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The impugned order is not revisable under Section 115 of the Civil Procedure Code, 1908.
Summary
Jayant Furnishers Private Limited filed an interim application seeking restoration of a civil revision petition that had been dismissed for non‑prosecution. The revision petition was intended to challenge an order allowing the defendant’s application under Section 8 of the Arbitration and Conciliation Act, 1996. The Court examined whether the impugned order was revisable under Section 115 of the Civil Procedure Code, 1908. It held that the order was not subject to revision under that provision, rendering restoration unnecessary. Consequently, the interim application was dismissed, though the Court noted that the applicant could pursue other appropriate legal remedies.
Issues considered
- Whether the order allowing the defendant’s application under Section 8 of the Arbitration and Conciliation Act, 1996 is revisable under Section 115 of the Civil Procedure Code, 1908.
Legislation cited
Subjects
- civil revision
- restoration
- non‑prosecution
- Section 115 CPC
- Arbitration
- Section 8 A&C Act
Judgment
14-ia-1553-2020-cra-166-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
varsha
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1553 OF 2020
IN
CIVIL REVISION APPLICATION NO. 166 OF 2017
Jayant Furnishers Private Limited through … Applicant
Manager Mr. Shrikant Vaidya
vs.
Digitally
Irclass Indian Register of Shipping … Respondent
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2026.01.29
13:05:20
+0530 Mr. Jash B. Vyas for Applicant
Mr. Jay Zaveri, Rhea Parkash, Ms. Anjali Sharma i/b. Crawford
Bayley and Co., for Respondent.
CORAM : GAURI GODSE, J.
DATED : 28th JANUARY 2026
ORDER:
1. This application is for restoration of the civil revision
application which was dismissed for non-prosecution. The civil
revision application is filed by the original plaintiff to challenge the
order allowing the application filed by the defendant under Section 8
of the Arbitration and Conciliation Act, 1996.
2. The impugned order is therefore not revisable under Section
115 of the Civil Procedure Code, 1908. Hence, no purpose would be
served by restoring the civil revision application.
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14-ia-1553-2020-cra-166-2017.doc
3. However, it is clarified that the applicant would be at liberty to
adopt appropriate proceedings as permissible in law to challenge
the order impugned in the civil revision application. All rival
contentions are kept open.
4. The interim application is dismissed, subject to the aforesaid
liberty.
(GAURI GODSE, J.)
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