(Through Hybrid Mode) vs Principal Secretary To ...
2023 Latest Caselaw 4928 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.9229 of 2023

                            (Through Hybrid mode)
            Meenati Choudhury                     ....            Petitioner

                                             Mr. Niranjan Nayak, Advocate

                                      -Versus-
            Principal Secretary to Government ....         Opposite Parties
            of India, Finance Department, New
            Delhi and others


                    CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

02.05.2023

WP(C) no.9229 of 2023 and I.A. no.4161 of 2023 Order No.

02. 1. Mr. Nayak, learned advocate appears on behalf of petitioner. He submits, impugned is notice dated 11th January, 2023 issued by purported sole arbitrator appointed by opposite party nos. 3 and 4. His client received the notice and came to know of the appointment. By letter dated 2nd February, 2023 his client caused lawyer's notice to said opposite parties, categorically denying the appointment as the appointee is the in-house empanelled advocate.

2. Without prejudice he submits, a party to a reference cannot appoint sole arbitrator. He relies on judgment dated 26th November, 2019 made by the Supreme Court in Arbitration Application no.32 of 2019 [Perkins Eastman

Architects DPC and another v. HSCC (India) Ltd.], paragraph 16 in the website copy.

3. He submits further, additional affidavit has been filed pursuant to leave obtained on 24th April, 2023, disclosing registration certificate of the vehicle purchased by his client under finance from opposite party nos.2 and 3. It appears from the registration certificate that the vehicle was registered here in Odisha. Hence, his client has cause of action arisen within territorial limits, within which this Court exercises writ jurisdiction.

4. Issue notice along with this order on opposite party nos.3 and 4 by registered/speed post with AD. Petitioner will put in requisites. Accept one set of process fee.

5. List on reopening day after ensuing Summer Vacation, i.e., 21st June, 2023.

6. Impugned notice will remain stayed till next date of hearing. Petitioner will forthwith communicate website copy of this order to noticed opposite parties and opposite party no.5. Noticed opposite parties are at liberty to apply for vacating the interim order. Petitioner will so communicate in addition to putting in requisites for issuance of notice, as directed above.

(Arindam Sinha) Judge

RKS

RANJA Digitally signed by

N RANJAN KUMAR SETHI

KUMAR Date:

2023.05.02 SETHI 18:59:26 +05'30'