Orissa High Court
M/S Sai Om Tours & Transport vs Union Of India & Ors on 17 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34229 of 2023
M/s Sai Om Tours & Transport ..... Petitioner
Pvt. Ltd., Puri
Mr. A. Pattnaik, Advocate
Vs.
Union of India & Ors. ..... Opposite Parties
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
17.10.2023
I.A. No.16588 of 2023
Order No. The matter is taken up through hybrid mode.
01.
2. This I.A. has been filed seeking three weeks time to file the
certified copy of the order dated 11.10.2023 passed by the Commercial
Court, Cuttack, in ARBP No.43 of 2023 along with the Civil
Miscellaneous Application.
3. In view of the submission made by the learned Counsel for the
Petitioner so also stand taken in the Interlocutory Application, the prayer
made therein is allowed.
4. In view of the ensuing Durga Puja Holidays, the Petitioner is
granted three weeks time to file the certified copy of the impugned order,
as prayed for.
5. Accordingly, the I.A. stands disposed of.
(S.K. MISHRA)
JUDGE
Order No. W.P.(C) No.34229 of 2023 &
02. I.A. No.16587 of 2023
1. Heard learned Counsel for the Petitioner.
2. Issue notice to Opposite Party Nos.2 to 4 on the question of
admission and stay by Registered/Speed Post with A.D. Requisites
shall be filed by 19th October, 2023. On filing of requisites, notice be
issued to the said Opposite Parties fixing a short returnable date
indicating there in that the matter is likely to be disposed of at the
stage of admission.
3. Learned Counsel for the Petitioner undertakes to serve copy
of the Writ Petition and I.A. on the learned Counsel for the Union of
India by 19th October, 2023.
4. Mr. Pattnaik, learned Counsel for the Petitioner relying on
Section-9 of the Arbitration Conciliation Act, 1996 submits, unless
the interim protection is granted, the purpose of initiation of Section-
9 will be frustrated. He further submits, the Arbitral Court has ample
power to secure the amount in dispute in the arbitration. The
technicalities of CPC cannot prevent the Court from securing the
ends of justice.
5. To substantiate his submission, learned Counsel for the
Petitioner relying on the judgment of the apex Court reported in
2022 SCC Online SC 1219 (Essar House Private Limited v.
Arcellor Mittal Nippon Steel India Limited) draws attention of this
Court to Paragraphs 39 to 41 of the said judgment, which are
extracted below:-
"39. In deciding a petition under Section 9
of the Arbitration Act, the Court cannot
ignore the basic principles of the CPC. At
the same time, the power of Court to grant
relief is not curtailed by the rigours of every
procedural provision in the CPC. In
exercise of its powers to grant interim relief
under Section 9 of the Arbitration Act, the
Court is not strictly bound by the provisions
of the CPC.
40. While it is true that the power under
Section 9 of the Arbitration Act should not
ordinarily be exercised ignoring the basic
principles of procedural law as laid down in
the CPC, the technicalities of CPC cannot
prevent the Court from securing the ends of
justice. It is well settled that procedural
safeguards, meant to advance the cause of
justice cannot be interpreted in such
manner, as would defeat justice.
41. Section 9 of the Arbitration Act
provides that a party may apply to a Court
for an interim measure or protection inter
alia to (i) secure the amount in dispute in
the arbitration; or (ii) such other interim
measure of protection as may appear to the
Court to be just and convenient, and the
Court shall have the same power for
making orders as it has for the purpose of,
and in relation to, any proceedings before
it."
6. In view of the pleadings on record and submissions made by
the learned Counsel for the Petitioner so also the settled position of
law, this Court is inclined to pass order of status quo, as prayed for.
Accordingly, The Chairman-cum-Managing Director, Mahanadi
Coalfields Limited, Sambalpur (O.P.No.2) is directed to maintain
status quo with regard to release of the final bill, performance
security deposit, retention money and vehicles/equipments deployed
by the Opposite Party No.4 to carry out the work under NIT-743 till
the next date.
7. Issue urgent certified copy of this order on proper application
as per rule.
8. Learned Counsel for the parties are at liberty to act upon the
digitally signed copy of this order available in the official website of
the Court in addition to the above.
9. Needless to mention here that if the requisites are not filed
within the time granted, the interim order shall automatically stand
vacated.
(S.K. MISHRA)
JUDGE
Banita
Signature Not Verified
Digitally Signed
Signed by: BANITA PRIYADARSHINI PALEI
Designation: JR. STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Oct-2023 18:52:47
