AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.39 OF 2007 IN CHAMBER SUMMONS NO.1593 OF 2007 IN APPEAL NO.813 OF 2006 IN ARBITRATION PETITION NO.369 OF 2006 Nina Anil Shah ... Petitioner Vs. Kusum Bhaskarrao Gorule @ Geetanjali Ganesh Sohane. ... Respondent Mr. A.G. Shah, constituted attorney and husband of the petitioner is present in the court. Mr. M.P. Rao with Ms. Savita Sadananda i/b Dr. (Mrs.) R.R. Ajinkya for respondent 2. CORAM: SMT. RANJANA DESAI & DR. D.Y. CHANDRACHUD, JJ. DATED : 3RD MARCH, 2010. P.C.:- 1. Review of our order dated 1/10/2007 is sought in this review petition. AJN 2 2. We have heard the petitioner, who is appearing in person and Mr. Rao, learned counsel for respondent 2. The petitioner submitted that the Limitation Act is applicable to the proceedings under the Arbitration & Conciliation Act. He relied on the judgments of the Supreme Court in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department & Ors., (2008) 7 SCC 169 and State of Goa v. M/s. Western Builders, AIR 2006 SC 2525. Reliance is also placed on the Full Bench Judgment of this court dated 19/12/2008 in Notice of Motion No.1485 of 2008 in Central Excise Appeal No.88 of 2008 (The Commissioner of Central Excise v. M/s. Shree Rubber Plast Co. Pvt. Ltd.) and companion notices of motion. 3. In our opinion, the petitioner has not made out any case for review. The judgments of the Supreme Court relied on by the petitioner are not applicable to this case because they pertain to section 14 of the Limitation Act. No case is AJN 3 made out by the petitioner to establish that he was prosecuting some other remedy with due diligence and in good faith. The Full Bench judgment of this court deals with the question whether this court is empowered to consider the delay in filing appeals under Section 35(g) of the Central Excise Act, 1944. In our opinion, the said judgment has no application to the present case. The review petition is dismissed. [SMT. RANJANA DESAI, J.] [DR. D.Y. CHANDRACHUD, J.]