M/S. Blueline Resorts Pvt. Limited vs M/S. Hotel Sea Point Pvt. Ltd
2025 Latest Caselaw 1019 Ori

Orissa High Court

M/S. Blueline Resorts Pvt. Limited vs M/S. Hotel Sea Point Pvt. Ltd on 8 July, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      WA No.865 of 2025
                 M/s. Blueline Resorts Pvt. Limited ....  Appellant
                                       Mr. Anirban Ray, Senior Advocate along
                                              with Mr. Avijit Pal, Advocate and
                                                 Mr. Bhargav Verma, Advocate
                                            -versus-
                 M/s. Hotel Sea Point Pvt. Ltd.        ....           Respondent
                                                Mr. Surendra Routray, Advocate

                                   CORAM:
                       THE HON'BLE THE CHIEF JUSTICE
                                     AND
                 THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
                                            ORDER

Order No. 08.07.2025

01. WA No.865 of 2025 and I.A. No.2243 of 2025

This matter is taken up through Hybrid mode.

2. A piquant situation has arisen in the instant case after meticulously going through the impugned judgment as to whether the writ Court can interfere against the award made and published by the Arbitral Tribunal constituted under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the Act"). The Single Bench while entertaining the writ petition, quashed and set aside the arbitral award and remanded the matter to the Arbitral Tribunal to decide the same afresh in the light of the observations made therein.

3. An argument is advanced by the writ petitioner/respondent that the nature of the adjudication, which was the subject matter of challenge in the writ petition, does not pertain the character of an award and, therefore, the provision of Section 34 of the Act is not attracted.

4. We had an occasion to peruse the impugned judgment and prima facie held that even if the contention of the writ petitioner/respondent is accepted, whether an order passed by the Arbitral Tribunal is susceptible to be challenged by filing an application under Articles 226 and 227 of the Constitution of India.

5. Since the copy of the writ appeal has not been served upon the writ petitioner/respondent, we direct the learned counsel for the appellant to serve a copy of the writ appeal upon Mr. Surendra Routray, learned counsel appearing for the respondent in course of this week.

6. Since the remand of the arbitration proceeding is made to the Arbitral Tribunal, we stay the order of remand till the next date of hearing.

7. List this matter on 28th July, 2025.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge MRS/Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Jul-2025 19:44:39