M/S. Mahashakti Energy Ltd vs M/S. Odisha Power Transmission
2022 Latest Caselaw 2960 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.22764 of 2019
                            (Through Hybrid mode)

            M/s. Mahashakti Energy Ltd.             ....             Petitioner

                                                Mr. U. C. Behura, Advocate

                                        -versus-
            M/s. Odisha Power Transmission          ....       Opposite Party
            Co. Ltd.

                                             Mr. S. P. Mishra, Sr. Advocate

                     CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

Order No.                             04.07.2022

 06.         1.    Mr. Behura, learned advocate appears on behalf of

petitioner and submits, interference is required with judgment dated 21st October, 2019 passed by the District Judge in rejecting his client's application for extension of mandate. He refers to certified copy of resolution taken by his client (claimant) on 10th January, 2017. He points out, it was further resolved that both Mr. Tathagat Mohanty and Mr. Upagupt Mohanty are signatories to the contract documents signed on behalf of the joint venture and on behalf of the company. Both the persons were duly authorized by the company to act as its authorized signatories, with authority to sign singularly.

2. On query from Court he refers to procedural order no.1 dated 25th May, 2017 passed in the reference, wherein, inter alia, Mr. Tathagata Mohanty's appearance was recorded, as power of attorney holder of petitioner-claimant. He prays for

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leave to file additional affidavit, to disclose the application made under section 29A, Arbitration and Conciliation Act, 1996. He submits, the application was signed by Mr. Upagupt Mohanty acting as signatory for petitioner-claimant. His further submission is, order dated 3rd December, 2018 in I.A. no.14690 of 2018 made in WP(C) no.17308 of 2018 (OPTCL v. Arbitral Tribunal) has no connection with proceeding of present reference.

3. Petitioner may file additional affidavit upon advance copy served. The affidavit should be confined to relevant disclosures. It will be accepted on adjourned date.

4. By consent list on 15th July, 2022.

(Arindam Sinha) Judge RKS