Sepco Electric Power Construction vs Gmr Kamalanga Energy Ltd. ....... ...
2025 Latest Caselaw 11696 Ori

Orissa High Court

Sepco Electric Power Construction vs Gmr Kamalanga Energy Ltd. ....... ... on 24 December, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   EXP No. 02 of 2021
                             SEPCO Electric Power Construction
                             Corporation                              ........     Petitioner (s)
                                                                        Mr. S.K. Kachwaha, Adv.
                                                                   Mr. Swayam Satyakam, Adv.

                                                         -Versus-
                             GMR Kamalanga Energy Ltd.                   ....... Opposite Party(s)
                                                                          Ms. Pami Rath, Sr. Adv.
                                                                              along with associate
                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

24.12.2025 Order No.

02.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. This Execution Petition has been filed by the Petitioner seeking

execution of the Arbitral Award dated 07.09.2020 as corrected on

7th September, 2020 and final award dated 24th June, 2021 as

corrected on 1st September, 2021.

4. Learned counsel for the Appellant Mr. Kachwaha submits that

the arbitral awards had been passed in an arbitration proceeding

commenced in respect of the disputes which had arisen between

the parties in relation to the construction of a coal fired thermal

power plant of 1050 MW (3 x 350MW) at Kamalanga village,

Dhenkanal District, State of Odisha. He further submits that the

Respondent had challenged the Main Award under Section 34 of

the Arbitration Act before this Court, which was registered as

ARBP (ICA) No.l of 2021 and the same was dismissed vide

judgment dated 17th June, 2022.

5. Learned Senior Counsel for the Respondent Ms. Rath submits

that being aggrieved by the said judgment, the Respondent had

filed a Special Leave petition vide SLP(C) No.12194 of 2022 before

the Supreme Court and the Supreme Court vide order dated 15th

May, 2023 allowed the Respondent to approach this Court by

way of an appeal under Section 37 of the Arbitration Act against

the judgment dated 17th June, 2022. Therefore, the Respondent

filed an appeal under Section 37 of the Arbitration Act before this

Court vide ARBA (ICA) No.1 of 2023. He further submits that the

Division Bench of this Court has allowed the Appeal filed under

Section 37 of the Arbitration Act by the Respondent and set aside

the Judgment passed under Section 34 of the Arbitration Act and

the main award.

6. Learned counsel for the Respondent further contends that being

aggrieved by the Judgment passed under Section 37 of the

Arbitration Act, the Appellant had filed a Special Leave petition

before the Supreme Court of India vide SLP(C) No.2706 of 2024

and the said SLP(C) has been dismissed upholding the judgment

passed under Section 37 of the Arbitration Act and setting aside

the main award as well as the judgment passed under Section 34

of the Arbitration Act. Hence, the Execution Petition is not

maintainable and ought to be dismissed.

7. In such view of the above, this Court is of the view that this

Petition is not maintainable.

8. Accordingly, the Execution Petition is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge Murmu