Hindustan Copper Ltd. vs Siva Metal Industries
2023 Latest Caselaw 9870 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No.26774 of 2023


        Hindustan Copper Ltd., Kolkata       ....            Petitioner

                                   Mr. G. Mukherji, Senior Advocate

                                  -versus-

        Siva Metal Industries, Kolkata and   ....      Opposite Parties
        another




                 CORAM: JUSTICE ARINDAM SINHA
                                 ORDER

Order                           23.08.2023
No.
  01.   1.      Mr. Mukherji, learned senior advocate appears on behalf of

petitioner and submits, opposite party supplied in period between year

2006-08. Payment for the supply was made by his client. However, his

client asserted claim against the supplier, on delay and quality of

supply. The supplier, as a counterblast, approached the Council under

the Micro, Small and Medium Enterprises Development Act, 2006.

The Council without initiating conciliation proceeding straightway

entered into the reference. His client filed earlier writ petition,

disposed of on order dated 12th May, 2011. Coordinate Bench made

observation that if his client moved before the authority urging

// 2 //

contentions in the writ petition, same shall be considered and disposed

of in accordance with law. His client duly applied but the application

remains pending.

2. In above and other circumstances, his client moved for

declaration on termination of mandate under sub-section (2) in section

14, Arbitration and Conciliation Act, 1996. By impugned judgment

dated 28th February, 2023 the application was dismissed. The

judgment is illegal and made with material irregularity. He seeks

interference.

3. Issue notice along with this order for admission and stay on

opposite party no.1. Accept one set of process fee. Petitioner will put

in requisites for service by registered/speed post with AD.

4. List on 21st September, 2023. Impugned judgment will remain

stayed till next date of hearing.

(Arindam Sinha) Judge

Jyoti/RKS

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 23-Aug-2023 18:15:08