2 18.01.2021 The Matter Is Taken Up ... vs Unknown
2021 Latest Caselaw 600 Ori

                               W.P.(C) No. 27253 of 2019




02   18.01.2021           The    matter   is    taken   up   through     video
                  conferencing mode.
                          Heard Mr. A. Dash, learned counsel for the
                  petitioner   and   Mr. S.K.   Acharya, learned       counsel
                  appearing for the caveator.
                          The petitioner has filed this writ petition to
                  quash the order dated 20.09.2019 passed by the
                  MSEFC Council in Case No.5 of 2019 under Annexure-4.
                          Mr. A. Dash, learned counsel for the petitioner
                  contended that the petitioner has already approached
                  the alternative forum, i.e. learned District Judge,
                  Sundargarh under Section 34 of the Arbitration and
                  Conciliation Act to go for arbitration in consonance with
                  the judgment dated 09.03.2018 passed by this Court in
                  ARBP No.39 of 2017 (M/s. Shri Mahavir Ferro
                  Allows Pvt. Ltd. v. M/s. Passary Minerals Ltd.).
                  Therefore, the petitioner may be granted liberty to raise
                  the same contentions before the appropriate forum as
                  have been raised in the writ petition.
                          Mr. S.K. Acharya, learned counsel appearing for
                  the caveator contended that since the petitioner has
                  already approached the appropriate forum as per
                  Section 34 of the Arbitration and Conciliation Act, the
                  matter may be disposed of accordingly.
                          Considering the contentions raised by learned
                  counsel for the parties, since the petitioner has already
                  approached the learned District Judge, Sundargarh by
                                    2




       filing application under Section 34 of the Arbitration and
       Conciliation Act, this Court disposes of the writ petition
       permitting the petitioner to raise such contentions as
       have been raised in the writ petition so as to effective
       adjudication of the case.
               With the above observation, the writ petition is
       disposed of.

Alok
                                              ..................................

(DR. B.R. SARANGI) JUDGE