Dhanurdhar Champatiray vs Bharat Sanchar Nigam Limited And
2022 Latest Caselaw 4135 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               ARBA No.06 of 2013

                              (Through Hybrid mode)

            Dhanurdhar Champatiray                  ....              Appellant

                                               Mr. A. Sangeneria, Advocate

                                         Versus
            Bharat Sanchar Nigam Limited and ....           Respondents
            another
                                   Mr. S. K. Pattnaik, Senior Advocate
                                         Mr. U. C. Mohanty, Advocate

                      CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

Order No.                             23.08.2022

 3.          1.    Mr. Sangeneria, learned advocate appears on behalf of

appellant and submits, the appeal has been preferred against judgment dated 28th January, 2013, by which the award was set aside. The Court below imposed strict construction of clauses 8A and 12 in the contract to hold that the arbitrator travelled beyond to result in patent illegality in the award.

2. On query from Court Mr. Sangeneria submits, oral evidence was laid in the reference. He prays for adjournment to demonstrate from the award that on analysis of the oral evidence, the award was passed.

3. Mr. Mohanty, learned advocate led by Mr. Pattnaik, learned senior advocate appears on behalf of respondents.

// 2 //

4. List on 30th August, 2022 under same heading.

(Arindam Sinha) Judge

RKS