Orissa High Court
Sri Suresh Chandra Mishra vs Erstwhile Infrastructure Pvt. Ltd on 12 March, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARBA No. 1 of 2023
Sri Suresh Chandra Mishra ........ Appellant(s)
Mr. Manoj Kumar Mishra, Adv.
-Versus-
Erstwhile Infrastructure Pvt. Ltd.
& Anr. ........... Respondent (s)
Mr. Rajeet Roy, Adv.
for O.P.1
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
12.03.2025
ARBA No.1 of 2023 & I.A. No.13 of 2023
Order No.
11. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. This appeal has been filed by the Appellant under Section 37 of
the Arbitration and Conciliation Act, 1996 against the order dated
20.10.2022 passed by the learned Senior Civil Judge, Commercial
Court, Bhubaneswar in Arbitration (P)-10 of 2020.
Signature Not 4.
Verified
It appears that the Appellant has challenged the order dated
Digitally Signed
Signed by: LITARAM MURMU
20.10.2022 passed by the learned Senior Civil Judge, Commercial
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 13-Mar-2025 19:19:34
Court, Bhubaneswar in Arbitration (P)-10 of 2020 before this Court,
which is not the appropriate forum for appeal. Section 13(1) of the
Commercial Courts Act, 2015 provides that any person aggrieved
by a judgment or order of a Commercial Court below the level of a
District Judge may appeal to the Commercial Appellate Court
within a period of sixty days from the date of judgment or order.
5. Learned counsel for the Opposite Party No.1 submits that this
Court had already decided the similar issue and passed the
judgment dated 08.01.2025 in ARBA No.7 of 2024 (M/s. Jaycee
Housing Private Limited, Jharpara, Cuttack Road, Bhubaneswar-
6, Khurda & Ors. vs. Neelachal Buildtech & Resorts Pvt. Ltd.,
Bhubaneswar). The ordering portion of the said judgment is
extracted hereunder:
33. The application under section 34 of the 1996 Act was filed by the
appellant on 26.9.2015 before the learned District Judge, Khurda. In view of
notification bearing no. Notification dated 13.11.2020, ARBP No.79 of 2015
was transferred by the learned District Judge, Khurda at Bhubaneswar to the
court of the Senior Civil Judge (Commercial Court), Bhubaneswar as per
Section 15 of the Commercial Courts Act, 2015. The appellants challenged
the said transfer before this Court in W.P.(C) No.31939 of 2021 but the same
was dismissed by this Court by order dated 12.4.2022. Being aggrieved by
the said order of this Court, the appellants had approached the Supreme
Court of India wherein vide judgment and order dated 19.10.2022 in Civil
Appeal No.6876 of 2022, the Appellants appeal was dismissed.
34. In the meanwhile, vide Notification dated 11.1.2021 in the State of
Odisha, 10 Commercial Appellate Courts at District & Sessions Judge level
were established and have been designated as the Commercial Appellate
Digitally Signed 35. Vide judgment and order dated 02.02.2024, the Ld. Senior Civil Judge
Designation: Personal Assistant (Commercial Court), Bhubaneswar was pleased to dismiss ARBP No.79 of
Reason: Authentication
Location: OHC 2015, leading to the instant Appeal u/s 37 of the A&C Act which was
Date: 13-Mar-2025 19:19:34
preferred on 3.5.2024 by which time the Commercial Appellate Courts have
already been designated and notified.
36. Section 37 of the 1996 Act provides that an appeal shall lie to the court
authorised by law to hear appeals from original decrees of the court passing
the order, inter alia, refusing to set aside an arbitral award under section 34.
Section 13(1) of the 2015 Act provides that any person aggrieved by the
judgment and order of a Commercial Court below the level of a District
Judge may appeal to a Commercial Appellate Court within a period of sixty
days from the date of judgment or order.
37. The Court of the District Judge has already been constituted as
Commercial Appellate Court on 11.1.2021. The appeals against the
impugned order passed by the learned Commercial Court, which was below
the level of the District Judge, being the Court of the Ld. Civil Judge (Senior
Division), ought to have been filed before the Commercial Appellate Court
and not before this Court.
38. Consequently, the appeals are returned without examining the merits of
the case to enable the Appellants to approach the Commercial Appellate
Court which has the necessary jurisdiction to decide them in accordance with
law.
39. The appeal is disposed of, accordingly. No order as to costs.
6. In view of the above, this Court is not inclined to entertain the
present ARBA. However, the Petitioner is at liberty to file an
appeal before the Appellate Court i.e. District Judge, Khurda
challenging the order dated 20.10.2022 passed by the learned
Senior Civil Judge, Commercial Court, Bhubaneswar in Arbitration
(P)-10 of 2020 within a period of 15 days from the date of receipt of
a certified copy of this order. If there is any delay in filing the
appeal and appropriate petition is filed for condonation of delay,
the same shall be condoned taking a liberal view in the matter, as
Designation: Personal Assistant
Reason: Authentication
Location: OHC
the matter was pending before this Court.
Date: 13-Mar-2025 19:19:34
7. It is further directed that till the appeal is filed by the Appellant
before the Appellate Authority, the Respondents are restrained
from making any construction un-authorisedly over the land sold
by the Respondent No.1 to Respondent No.2.
8. Accordingly, the ARBA and I.A. are disposed of.
( Dr. S.K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
