M/S. Kohli Builders And ... vs M/S. Visa Steel Limited
2022 Latest Caselaw 2949 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              ARBA No.1 of 2022
                             (Through Hybrid mode)

            M/s. Kohli Builders and Developers ....             Appellant
            Pvt. Ltd.
                                 Mr. Sourya Sundar Das, Senior Advocate

                                       -versus-
            M/s. VISA Steel Limited                ....          Respondent

                                   Mr. Gautam Mukherji, Senior Advocate

                     CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

Order No.                             30.06.2022

 05.         1.    Mr. Das, learned senior advocate appears on behalf of

appellant and seeks leave to cite a judgment of the Supreme Court since Mr. Mukherji, learned senior advocate appearing on behalf of respondent is to commence his argument. He relies on Shripati Lakhu Mane v. Member Secretary, Maharashtra Water Supply and Sewerage Board, reported in 2022 (1) Current Legal Reports (SC) - 1006 (judgment dated 30th March, 2022), paragraphs 16 and 19. He submits, in paragraph-19 it has been said, inter alia, a right under a contract may be abandoned amounting to waiver, but there is no question of abandoning an obligation. In the present case, the contract having been terminated, it cannot be said his client abandoned any right under the contract. Mr. Mukherji disputes the contention that the contract was terminated.

// 2 //

2. List along with ARBA no.22 of 2022 on 19th July, 2022.

(Arindam Sinha) Judge RKS