Executive Engineer vs M/S. Budharaja Mining And
2022 Latest Caselaw 1794 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  ARBA No.6 of 2021
                                (Through hybrid mode)

            Executive Engineer, Head Works     ....                      Appellants
            Division, Samal Barrage and others
                                                          Mr. Tarun Patnaik, ASC
                                          -versus-

            M/S. Budharaja Mining and                ....                Respondent
            Construction Ltd.

                                         Mr. Yashobanta Dash, Senior Advocate
                                                     Mr. Avijit Pal, Advocate.

                     CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

11.03.2022 Order No.

11. 1. Mr. Patnaik, learned advocate, Additional Standing Counsel

appears on behalf of appellant- State. He submits, though his client's

grievance in challenge to the award was on count of interest, he would

like to urge additional grounds, not taken in the challenge. For this he

relies on judgment of the Supreme Court in State Of Chhattisgarh vs.

M/S Sal Udyog(P) Ltd, reported in (2022) 2 SCC 275, in particular

paragraph 24.

2. On query from Court regarding patent illegality appearing on

face of the award, he prays for adjournment, to come back and make

submissions. He submits, listing be on 22nd March, 2022.

3. Mr. Das, learned senior advocate appears on behalf of

// 2 //

respondent and reminds Court that his client's writ petition

challenging rejection of prayer for withdrawal of the security is

pending.

4. Court intends to deal with and dispose of the appeal on 22nd

March, 2022.

5. List on 22nd March, 2022.

(Arindam Sinha) Judge Prasant