Orissa High Court
Paradip Port Authority & Ors vs The Registrar Civil Court on 19 September, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 26770 of 2025
Paradip Port Authority & Ors. ........ Petitioner(s)
Mr. Swayamjit Rout, Adv.
-Versus-
The Registrar Civil Court,
Civil Court, Khurda & Anr. ....... Opposite Party (s)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
19.09.2025
Order No. I.A. No.17000 of 2025
01. 1. This matter is taken up through hybrid arrangement.
2. This matter was not listed today. On being mentioned, this
matter is taken up through special notice.
3. Heard.
4. This is an application for dispensing with filing of certified copy
of the order dated 17.09.2025 under Annexure-6.
5. Considering the submissions and the averments made in the
application, filing of certified copy of Annexure-6 is dispensed
with.
6. The I.A. is disposed of.
W.P.(C) No.26770 of 2025 & I.A. No.17001 of 2025
1. In this Writ Petition, the Petitioners have challenged the order
dated 17.09.2025 passed by the learned Senior Civil Judge-cum-
Commercial Court, Khurda in Exn(p) No.1000 of 2022 directing the
Registrar, Civil Courts, Khurda at Bhubaneswar to release the
deposited amount of Rs.8,71,12,761/- (kept in fixed deposit vide
TDR No.41910141012) along with accrued interest in favour of
Opposite Party No.2/M/s. Surana Solar Private Limited bearing
Ac. No.50200024993741, HDFC Bank, IFSC Code: HDFC0000042
despite pendency of the Arbitration Appeal.
2. Learned counsel for the Petitioners submits that the execution
case has been filed by the Opposite Party No.2/Decree Holder for
execution of the award dated 08.04.2021 passed by the learned
Arbitral Tribunal directing the Judgment Debtor to pay
Rs.8,69,34,723/- to the Decree Holder within a period of three
months from the date of passing of that award failing which 9%
interest per annum shall be imposed on the Judgment Debtor from
the date of that award till the date of realization.
3. Learned counsel for the Petitioners further submits that
challenging the rejection of the application under Section 34 of the
Arbitration Act, the Judgment Debtor has invoked the mandate of
Section 37 of the Arbitration Act vide ARBA No.22 of 2025 which is
slated for hearing early to next week. He further submits that in the
meantime, execution case vide Exn(p) No.1000 of 2022 filed by the
Opposite Party No.2/Decree Holder has been taken up and order
has been passed to release the deposited amount of Rs.8,71,12,761/-
along with accrued interest in favour of the Opposite Party
No.2/Decree Holder.
4. Learned counsel for the Petitioners further contends that since
the Section 37 application i.e. ARBA No.22 of 2025 is pending
before the learned District and Sessions Judge, Khurda and the said
matter would be heard shortly, hence, the Petitioners pray for stay
of the order dated 17.09.2025 passed by the learned Senior Civil
Judge-cum-Commercial Court, Khurda in Exn(p) No.1000 of 2022
as well as further proceeding in the said execution case, otherwise
Section 37 application will be redundant, if the Petitioners succeed
in the arbitration Appeal.
5. In such view of the matter, let notice be issued to the Opposite
Party No.2 by Speed Post with A.D. making it returnable on 24 th
September, 2025. Requisites shall be filed within three working
days hence.
6. List this matter on 24th September, 2025.
7. As an interim measure, it is directed that operation of the order
dated 17.09.2025 passed by the learned Senior Civil Judge-cum-
Commercial Court, Khurda in Exn(p) No.1000 of 2022 directing the
Registrar, Civil Courts, Khurda at Bhubaneswar to release the
deposited amount of Rs.8,71,12,761/- (kept in fixed deposit vide
TDR No.41910141012) along with accrued interest in favour of
Opposite Party No.2/M/s. Surana Solar Private Limited bearing
Ac. No.50200024993741, HDFC Bank, IFSC Code: HDFC0000042
shall remain stayed till the next date of listing of this matter.
8. Urgent certified copy of this order be granted as per rules.
9. It is made clear that, if the certified copy of this order would not
be obtained by the Petitioners during the course of the day, they
may utilize the downloaded copy of this order from the website of
this Court and the court below shall treated the same as the
certified copy of this order.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
