Orissa High Court
M/S National Alunminium Co vs Indo Power Projects Ltd on 8 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARBA No.16 of 2023
M/s National Alunminium Co. .... Appellant
Ltd.
Ms. Pami Rath, Sr. Adv.
Along with Associates
-versus-
Indo Power Projects Ltd. .... Respondent
Mr. D. Mohapatra, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 08.09.2023
No.
I.A. No.32 of 2023
01. 1. This matter is taken up through hybrid
arrangement.
2. Heard learned counsel for the parties.
3. Looking to the averments made in this I.A. and the
information provided by the Stamp Reporter it appears,
there is 15 days delay in filing the Appeal vide ARBA
No.16 of 2023. In the process considering the averments
made in this I.A. and keeping in view the submissions
made by both the parties, the delay in filing the appeal is
condoned.
// 2 //
4. I.A. is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
I.A. No.31 of 2023
02. 1. This I.A. is filed for dispensing with filing of
certified copy of the judgment dated 18.05.2023 at
Annexure-2.
2. Ms. Rath, learned Senior Advocate is ready with
the certified copy of the aforesaid judgment and
undertakes to file the same in course of the day before the
Registry.
3. Considering the above undertaking made by Miss
Rath, learned Senior Advocate appearing on behalf of the
Appellant, let the certified copy of the judgment be filed
before the Registry.
4. This I.A. stands disposed of with the aforesaid
observation.
(Dr. S.K. Panigrahi)
Judge
ARBA No.16 of 2023
03. 1. Heard.
2. Admit.
// 3 //
3. Fact of the case remains; pursuant to the tender
floated by the NALCO dated 4.02.2007, the
Respondent/company participated and after fulfilling the
required criteria, the Respondent/company was awarded
with the work. After completion of all the paraphernalia
the contract for the work "Electrical Works for Phase-2
Expansion Project of Alumina Refinery at Damanjodi"
was executed on 10.10.2007 and the time for completion
of the scheduled work was twelve months. After some
time, as some disputes arose between the parties, the
matter was referred to the Arbitrator being the
mechanism provided under the contract. The Arbitrator,
accordingly, passed the award dated 17.12.2019. Being
aggrieved with such award, NALCO challenged the same
before the learned District Judge, Koraput through ARBP
No.1 of 2020, which was dismissed vide order dated
18.05.2023. Being dissatisfied with such order passed by
the learned District Judge, Koraput in ARBP No.1 of 2020,
the present appeal is preferred by the NALCO.
4. In such view of the matter, issue notice to the sole
Respondent.
5. Since the sole Respondent has already entered its
appearance through caveat, let a copy of this appeal
// 4 //
memorandum be served on Mr. D. Mohapatra, learned
counsel for the Respondent.
5. List this matter on 31st October, 2023.
(Dr. S.K. Panigrahi)
Judge
I.A. No.30 of 2023
04. 1. This interlocutory application is filed for stay of
the award dated 17.12.2019 passed by the sole Arbitrator
as well as the judgment dated 18.05.2023 passed by the
District Judge, Koraput in ARBP No.1 of 2020.
2. As an interim measure, it is directed that operation
of the award dated 17.12.2019 passed by the sole
Arbitrator as well as the judgment dated 18.05.2023
passed by the learned District Judge, Koraput in ARBP
No.1 of 2020 shall remain stayed subject to deposit of the
awarded amount before the concerned Commercial Court
and such amount be kept in an interest bearing Account
in any Nationalized Bank.
(Dr. S.K. Panigrahi)
Signature Not Verified Judge
Digitally Signed
Ayaskanta/
Signed by: SUMITRA NAYAK
Sumitra Jr. Stenographer
Designation:
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 12-Sep-2023 11:17:46
