Sampad Kumar Swain v. P.C. Phalgunan & Anr.
Case at a glance
Outcome
Disposed of
Accordingly, the Writ Petition stands disposed of with
Provisions considered
Key paragraphs
- Para 66. Accordingly, the Writ Petition stands disposed of with liberty as prayed for.
Judgment
Mr. N.K. Dash, Advocate -versus- P.C. Phalgunan & Anr. Opposite Parties Mr. P.K. Mishra, Advocate (O.P. No.2) …. CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 30.10.2023 This matter is taken up through hybrid mode.
#2. Heard Mr. N.K. Dash, learned Counsel for the Petitioner so also Mr. P.K. Mishra, learned Counsel for the Opposite Parties.
#3. A query being made by the Court as to maintainability of the Writ Petition, Mr. Dash submits, though the remedy lies under Section-34 of the Arbitration and Conciliation Act, 1996, in view of the allegation made in the Writ Petition as to passing of the impugned arbitral award dated 28.12.2018 without notice to his client so also the appointment of the arbitrator being under challenge, the Writ Petition is maintainable.
#4. During hearing Mr. Dash fairly concedes, the said issues can also be raised before the Court having Jurisdiction under Section- 34 of the Arbitration and Conciliation Act, 1996. Mr. Dash prays to withdraw the Writ Petition with liberty to approach the appropriate forum in terms of Section-34 of the Arbitration and Conciliation Act, 1996 challenging the award dated 28.12.2018 (Annexure-8).
#6. Accordingly, the Writ Petition stands disposed of with liberty as prayed for.
#7. Needless to mention here that if an application is moved for condonation of delay along with the Application under Section-34 of the Arbitration and Conciliation Act, 1996 , the same shall be dealt with and considered by the arbitral Court in terms of Section 14 of the Limitation Act, 1963. JUDGE (S.K. MISHRA) Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Oct-2023 17:51:41
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition stands disposed of with
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996; Limitation Act, 1963 — s. 14.
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