M/S Dalmia Cement (Bharat) vs Jayashree Das
2023 Latest Caselaw 2747 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                     ARBA No. 23 of 2022

        M/s Dalmia Cement (Bharat)             ....             Appellants
        Limited & Another
                                                     Mr. S.P.Sarangi, Adv.
                                   -versus-
        Jayashree Das                         ....            Respondent

Mr.D.K.Pani,Adv (

CORAM:

                DR. JUSTICE S.K.PANIGRAHI

Order                             ORDER
No.                              04.04.2023

02 1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the appellants and learned

counsel for the respondent.

3. The present arbitration appeal has been filed challenging

the order dated 23.11.2021 passed by the Civil Judge, Senior

Division (Commercial Court, Cuttack) wherein the petition

filed by the appellant under Section 8 of the Arbitration and

Conciliation Act, 1996 has been rejected.

4. Learned counsel for the respondent, however, raised a

preliminary issue of maintainability in view of Section 13(1)

of Commercial Court Act which is extracted hereunder;

"13(1) Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order."

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5. In such view of the matter, the appellant is directed to

approach the appropriate court within three working days

from today. The delay in filing such appeal before the

District Judge, shall be explained appropriately so as to get

the delay condoned in filing the Arbitration Appeal.

Accordingly, the ARBA is disposed of.

6. The Registry is directed to return the Certified copy of the

order and Appeal Memo substituting photo copy of the

same.

7. Interim order passed earlier, shall continue till the filing of

the Arbitration Appeal.

8. Issue urgent certified copy of this order as per rules.

(Dr. S.K. Panigrahi) Judge

LB