Engineer-In-Chief vs M/S. Porel Dass Water And Effluent
2026 Latest Caselaw 1451 Ori

Orissa High Court

Engineer-In-Chief vs M/S. Porel Dass Water And Effluent on 17 February, 2026

Author: B.P. Routray

Bench: B.P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 23-Feb-2026 16:29:32




                                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      W.P.(C) No. 1355 of 2026

                           (An application under Articles 226 & 227 of the Constitution of India)

                           Engineer-In-Chief,
                           Public Health (Urban)
                           Govt of Odisha, Bhubaneswar & Anr                  .......          Petitioner

                                                                       -Versus-

                           M/s. Porel Dass Water and Effluent
                           Control Pvt.Ltd,
                           West Bengal & Anr.                                 .......      Opposite Parties


                           Advocate(s) appeared in this case:-
                            For Petitioner           :      Mr. D.Nayak, AGA

                             For Opposite Parties         :        Mr. D.P.Nanda, Sr.Advocate for O.P.1


                                          CORAM : JUSTICE B.P. ROUTRAY

                                                            JUDGMENT

th 17 February 2026

B.P. Routray,J.

1. Heard Mr. D.Nayak, learned AGA for the Petitioner and

Mr. D.P.Nanda, learned Senior Counsel for Opposite Party No.1.

2. Present writ petition is directed against impugned award

dated 16th April 2024 (Annexure-7) passed by the West Bengal State

Location: High Court of Orissa, Cuttack

Micro Small Enterprises Facilitation Council (herein after stated in

brief in short as W.B. Facilitation Council).

3. Opposite Party No.1 raised a dispute before W.B.

Facilitation Council regarding execution of a work relating to

"Augmentation of Water Supply to G.Udayagiri NAC" in the district

of Kandhamal and according to Opposite Party No.1 some

recoverable dues remain unpaid by the State-Petitioner.

4. The notice was issued at the stage of conciliation and an

objection was filed by the Present Petitioner, i.e. Executive Engineer,

P.H. Division, Govt. of Odisha. After the conciliation was failed the

matter was referred for arbitration and Case No.239 of 2022 was

registered on the file of W.B. Facilitation Council in terms of the

provision contained in The Micro, Small And Medium Enterprises

Development (MSMED) Act, 2006. Present Petitioner was the

Respondent in the arbitration proceeding and he did not appear there,

and simply sent a letter saying that they have already filed the reply

during conciliation proceeding. The arbitration proceeding was

proceeded ex-parte against present Petitioner and ultimately the

award was passed on 16th April 2024 in favour of Opposite Party

No.1 directing present Petitioner to pay a sum of Rs.2,88,22,258.46/-

Location: High Court of Orissa, Cuttack

as on 16th April 2024, payable within a period of 30 days from the

date of receipt of the award.

5. Present Petitioner did not take any step thereafter which

compels Opposite Party No.1 to file execution proceeding before the

Commercial Court, Bhubaneswar. Upon receipt of the notice of

execution proceeding, objection was raised by the Petitioner with

regard to jurisdiction of W.B. Facilitation Council to entertain the

arbitration proceeding. It is stated that said objection is still pending

consideration by the learned Executing Court.

6. Mr. Nayak, learned AGA submits on behalf of the

Petitioner that since the contract is a works contract, the MSME

Facilitation Council does not have any jurisdiction in terms of Section

18 of the Micro, Small And Medium Enterprises Development Act,

2006 to adjudicate any dispute in that respect and the reference made

to the W.B. Facilitation Council in respect of such works contract is

not at all maintainable being without jurisdiction. It is further

submitted by Mr. Nayak that present writ petition which is filed

challenging the award passed by the W.B. Facilitation Council is well

maintainable within the jurisdiction of this High Court for the reason

that the work and the contract both have been executed in Odisha.

Location: High Court of Orissa, Cuttack

7. Mr. Nanda, learned Senior Counsel appearing for Opposite

Party No.1 raises his objection at the outset regarding maintainability

of the present writ petition that an award passed by the W.B.

Facilitation Council at Kolkata cannot be amenable to the territorial

jurisdiction of this High Court. According to Mr. Nanda, the

Petitioner has to apply before the jurisdictional High Court in order to

challenge the W.B. Facilitation Council award passed at Kolkata, if

he is so advised. It is further submitted that the Petitioner has never

objected in their objection petition before W.B. Facilitation Council,

though submitted in course of the conciliation proceeding, that the

alleged contract is a works contract purely. Nowhere in their

objection petition, the Petitioner has stated anything regarding nature

of said contract or have raised the question of jurisdiction of the

facilitation council in that respect.

8. Thus as per the contentions made at the bar by rival parties,

it is found that the initial objection has been raised by Opposite Party

No.1 as to the territorial jurisdiction of this Court to entertain present

writ petition against the award passed by W.B. Facilitation Council.

On this score, it is admitted that the impugned award under

Annexure-7 passed by the W.B. Facilitation Council is an ex-parte

Location: High Court of Orissa, Cuttack

award where present Petitioner did not participate despite due service

of notice. What is contended on behalf of the Petitioner that the

contract is a works contract and therefore not amenable to the

jurisdiction of MSME Facilitation Council, is of course a question of

fact to be determined by the competent authority looking at the nature

of contract and the execution thereof. Nonetheless, present writ

petition is not filed questioning the nature of contract to be

interpreted, but it is directed against the award passed by W.B.

Facilitation Council dated 16th April 2024.

9. Going by the territorial jurisdictional aspect of this Court, it

is found prima facie that the impugned award having been passed by

W.B. Facilitation Council at Kolkata, the same would have been

challenged before the jurisdictional High Court having the territorial

jurisdiction over the place of award. Thus, the approach of the present

Petitioner to file present writ petition before this Court is not found

correct because the bone of contentions of the parties would be

regarding jurisdiction of W.B. Facilitation Council in respect of the

contract. It would not be prudent on the part of this court to entertain

the writ petition authorizing itself to exercise jurisdiction to entertain

the challenge against the award passed by W.B. Facilitation Council

Location: High Court of Orissa, Cuttack

at Kolkata. So, this Court having found lack of territorial jurisdiction

is not inclined to entertain the writ petition at the present stage.

Accordingly, the writ petition is disposed of granting liberty to the

Petitioner to approach appropriate forum.

10. As prayed by Mr. Nayak, learned AGA, it is further

observed that in the event, any application is preferred against the

impugned award dated 16th April 2024 (Annexure-7), within a period

of 45 (forty-five) days from today in the appropriate forum, no

coercive action shall be taken against the Petitioner till such period or

till filing of such application, whichever is earlier.

11. Urgent certified copy of this order be granted on proper

application.

(B.P. Routray) Judge

S.Das,Sr.Steno