M/S. Areikana Filling Station vs M/S. Bharat Petroleum
2023 Latest Caselaw 12008 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               ARBA NO.34 OF 2022

            M/s. Areikana Filling Station, ....                  Appellants
            Areikana & Another
                                       Mr. S.K. Sarangi, Senior Advocate.

                                        -versus-
            M/s. Bharat Petroleum            ....               Respondents,
            Corporation Ltd.& Others
                                                    Mr.S. Patnaik, Advocate.

                     CORAM:
                     MR. JUSTICE D.DASH

                                        ORDER

Order No.                              05.10.2023

    08.     1.     This matter is taken up through hybrid arrangement
            (virtual/physical) mode.

2. The Appellants have filed this Appeal under section- 37(1)(b) of the Arbitration and Conciliation Act, 1996 (Arb.C. Act, 1996), in assailing the judgment dated 30.07.2022 passed by the learned Senior Civil Judge (Commercial Court), Bhubaneswar in the matter of an application under section-34 of the Arb.C. Act numbered as Arbitration (P)-137/53 of 2021/2019.

3. The Respondents have raised the preliminary objection regarding maintainability of the Appeal before this Court.

4. Upon hearing learned Senior Counsel for the Appellants and learned Counsel for the Respondents, further keeping in view the decision of this Court in W.P.(C) No. 3523 of 2022, which has been confirmed by the Hon'ble Apex Court, the present Appeal before this Court being not entertainable the same; accordingly, dispose of granting liberty to the Appellants to file the said Appeal // 2 //

under section-37 of the Arbitration and Conciliation Act, 1996 before the Commercial Appellate Court, Bhubaneswar within five (5) weeks hence.

The certified copies of the impugned judgment and other documents be returned to the learned Counsel for the Appellants on substitution of the attested photo copies thereof along with the application under Section-5 read with section-14 of the Limitation Act.

Issue urgent certified copy as per rules.

(D. Dash) Judge

Narayan

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 10-Oct-2023 15:27:47