Larsen And Toubro Ltd vs Odisha Power Generation Corporation ...
2024 Latest Caselaw 12604 Ori

Orissa High Court

Larsen And Toubro Ltd vs Odisha Power Generation Corporation ... on 1 August, 2024

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               ARBP No. 89 of 2023

            Larsen and Toubro Ltd.                      ...           Petitioner
                                    Mr. Aditya Narayan Das, Advocate
                                           Mr. Amruta Baral, Advocate
                                   -versus-
            Odisha Power Generation Corporation ...      Opposite Party
            Ltd.
                                           Mr. S.S. Mohanty, Advocate

                                   CORAM:
                         HON'BLE THE CHIEF JUSTICE
                     HON'BLE MISS JUSTICE SAVITRI RATHO
                                         ORDER

Order No. 01.08.2024

03. This matter is taken up through Hybrid mode.

2. The oral judgment in this case and three connected cases had been pronounced in the Court on 21.05.2024. But before finally signing the judgment and before it could be uploaded, the order of the Supreme Court in the case of Chief Engineer (NH) PWD (Roads) vs. M/s BSC & C and C JV and another passed on 13.05.2024 Special Leave to Appeal (C) No(s). 10544/2024 (Arising out of impugned final judgment and order dated 22-04-2024 in CRP No. 2/2024 passed by the High Court of Meghalaya at Shillong) came to our notice, for which it has become necessary to list these cases under the heading "To be Mentioned".

3. In the above case, the Supreme Court has held as follows :

"The power under sub-Section (4) of Section 29A of the Arbitration Act vests in the Court as defined in Section 2(1)(e) of the Arbitration Act. It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil jurisdiction.

In this case, the High Court does not have the ordinary original civil jurisdiction. The power under sub-Section (6) of Section 29A is only a consequential power vesting in the Court which is empowered to extend the time. If the Court finds that the cause of delay is one or all of the arbitrators, while extending the time, the Court has power to replace and substitute the Arbitrator(s). The said power has to be exercised by the Court which is empowered to extend the time as provided in sub-Section (4) of Section 29A of the Arbitration Act. Hence, there is no merit in the Special Leave Petition. The same is, accordingly, dismissed."

4. Learned counsel appearing for the petitioner seeks permission to withdraw this application with a liberty to approach the Principal Court of Civil Jurisdiction seeking extension of time of the mandate of Arbitrator in light of the Supreme Court's order dated 13.05.2024 passed in Special Leave to Appeal (C) No.10544 of 2024.

5. The application is dismissed as withdrawn with liberty as sought.

(Chakradhari Sharan Singh) Chief Justice

(Savitri Ratho) Judge

SK Jena/Secy.

Location: High Court of Orissa, Cuttack.