(Through Hybrid Mode) vs Udayanth Rout
2021 Latest Caselaw 11521 Ori

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                      W.P.(C) No. 26922 of 2021
                        (Through Hybrid Mode)
Paradip Port Trust, Paradip        .....                         Petitioner

                                                   Mr. G. Mishra, Senior
                                                               Advocate
                                               for A. K. Dash, Advocate
                               Vs.
Udayanth Rout                        .....                 Opposite Party

                                              Mr. B. Pradhan, Advocate


                     CORAM: JUSTICE ARINDAM SINHA

                                      ORDER

10.11.2021

Order No.

02.

1. Mr. Mishra, learned senior advocate appears on behalf of petitioner. His client seeks interference with the execution proceeding arising out of a reference culminating in award of money. While opposite party is award holder, his client had earlier instituted money suit, pending before Civil Judge (Senior Division), Kujanga. Direction for expeditious trial and disposal of said suit is required since his client is suffering peril of execution of award. The records in the reference are necessary to be produced as evidence in the suit. Position of his client is that having had a prior money claim, it is judgment debtor on award for money passed in a subsequent reference. His client's contention that arbitration

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clause itself was deleted is no longer there for adjudication.

2. Mr. Pradhan, learned advocate appears on behalf of opposite party. He submits, order dated 16th April, 2021 impugned in the writ petition is a good order.

3. Court of Civil Judge (Senior Division), Kujanga wherein Money Suit no.1 of 2004 is pending (same parties case) is requested to expedite trial of the suit for early disposal. Court is given to understand that records of the reference are lying in the Court of District Judge, Cuttack. Setting aside award petition has since been disposed of and therefore execution. Petitioner requires these records to be produced as evidence in the suit. In the circumstances, the suit Court will deal with petitioner's application regarding production of the records, either by issuance of summons or, if conditions are fulfilled, by permitting secondary evidence. Every endeavour should be made to dispose of the suit within period of three months from date of communication of this order. It is also expedited that parties will not seek unnecessary adjournments.

4. The writ petition is disposed of.

(Arindam Sinha) Judge

Prasant