Odisha Hydro Power Corporation ... vs M/S. Traflgar House Construction
2021 Latest Caselaw 11046 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.30554 of 2021
               Odisha Hydro Power Corporation Ltd. ....        Petitioner
               (OHPC)
                                  Mr. Durga Prasad Nanda, Sr. Advocate
                                      -versus-
               M/s. TRAFLGAR House Construction
               (T) Satyam Sankarnarayan Joint
               Venture (TSSJV) and Another      ....               Opp. Parties
                          Mr. P.K. Muduli, Additional Government Advocate
                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE B. P. ROUTRAY
                                      ORDER

Order No. 28.10.2021

01. 1. The contention of Mr. Nanda, learned Senior Counsel for the Petitioner relying on the judgment of the Madhya Pradesh High Court dated 26th February, 2021 in WP No.19656 of 2020 (Yashwardhan Raghuwanshi v. District & Sessions Judge), is that on a collective reading of the Arbitration and Conciliation Act, 1996 (A and C Act) and the Commercial Courts Act, 2015 (CC Act), a petition under Section 34 of the A and C Act challenging an arbitral award can be heard only by the District Judge even after coming into force of the CC Act and not any Court subordinate to the District Judge. It is on this basis that a challenge is raised in the present petition to an order dated 23 rd June, 2021 passed by the District Judge, Bhubaneswar transferring Arb. (P) No.50 of 2020 to the Commercial Court of Senior Civil Judge, Bhubaneswar.

2. Issue notice.

// 2 //

3. Mr. Muduli, learned Additional Government Advocate for the State accepts notice for Opposite Parties, let required number of copies of the petition be served on him within three working days.

4. Mr. Muduli, learned Additional Government Advocate is directed to place on record, along with a reply, copy of the notification by which the Commercial Courts in Odisha were notified under the Commercial Courts Act, 2015.

5. Reply be filed within four weeks. Rejoinder thereto, if any, be filed four weeks thereafter.

6. List on 31st January, 2022.

I.A. No.14063 of 2021

7. It is directed that the proceedings in Arb. (P) No.50 of 2020 may continue before the learned Senior Civil Judge, Commercial Court, Bhubaneswar but no final order shall be passed till the next date of hearing of the present petition.

8. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

( B.P. Routray) Judge M.K. Panda