Orissa High Court
M/S. Essel Mining And vs M/S. Ravi Udyog Pvt. Ltd on 28 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARBA No.5 of 2024
M/s. Essel Mining and .... Appellants
Industries Ltd. Kolkata &
another
Ms. Pami Rath, Senior Advocate
Assisted by Mr. I.A. Acharya, Advocate
-versus-
M/s. Ravi Udyog Pvt. Ltd., .... Respondent
Kolkata
Mr. B.P.B. Bahali,
Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
28.02.2025 Order No.
13. This matter is taken up through hybrid mode.
2. Heard Ms. Pami Rath, learned Senior Advocate being assisted by Mr. Acharya, learned Counsel for the Appellants so also Mr. Bahali, leaned Counsel for the Respondent, who appears through virtual mode.
3. A Memo dated 24.02.2025 has been filed by the Respondent, the relevant portion of which is extracted below:
"Reason for the Mention:
That the ARBA has been filed by the appellant u/s 37 of Arbitration and conciliation Act challenging the rejection of their petition u/s 34 of Arbitration and Conciliation Act, by the learned District Judge. That the respondent who is the award holder who had filed a memo before this Hon'ble single bench on 10.02.2025 which was allowed by this Hon'ble Court to be listed on 12.02.2025 but the matter was not listed on the date fixed and when the matter was inquired from the side of respondent from the registry it was point out that earlier the matter was assigned to the Hon'ble Justice S.K.Mishra by the then Hon'ble Chief Justice but the fact remains presently Hon'ble Justice S.K.Mishra sitting in division bench and now roster is changed and the ARBA matter is assigned to the Hon'ble Dr. Justice S.K. Panigrahi. In view of order dated 07.02.2025 passed in W.P.(S) Criminal No. 55 of 2025 by the Hon'ble Supreme Court it was held that if on account of change of the roaster the matter may be listed before the assigned bench. The Hon'ble Supreme Court in SLP (C) No. 13296 of 2024 vide its order dated 11.07.2024 directed of present appeal for expeditious disposal. The matter is urgent, so the matter may kindly be listed before the assigned Hon'ble Single bench next week."
(Emphasis supplied)
4. Mr. Bahali, learned Counsel for the Respondent submits, his client wants early hearing of this Appeal in view of the reasons detailed in the Memo so also the order dated 11.07.2024 passed by the Supreme Court in Special Leave to Appeal (C) No.13296 of 2024.
5. Mr. Bahali, learned Counsel further submits, since this Bench is at present not available due to change in roster, the matter may be released from the board, to be listed before the Bench having assignment to hear Arbitration Appeals.
6. Ms. Rath, learned Senior Counsel for the Appellants submits, though the Memo has been filed on the plea of expeditious hearing, after assignment of this Appeal to this Bench by Hon'ble the Chief Justice since 28.08.2024, the delay in adjudication of this Appeal on merit has been caused due to the conduct of the Respondent, who filed various applications, which stood rejected. Even after rejection of the said applications, again similar applications Page 2 of 3 have been filed, to which Appellants have already filed their objection, which may cause further delay in adjudication of the present Appeal on merit.
7. Ms. Rath, learned Senior Counsel further submits, since this Appeal has been specifically assigned to this Bench by Hon'ble the Chief Justice, the Appeal should be heard by this Bench.
8. However, as this Bench is not sitting in single at present due to change in roster and the Supreme Court has requested vide order dated 11.07.2024 in SLP (C) No. 13296 of 2024 for expeditious disposal of this Appeal, the matter is released from the board, to be placed before Hon'ble the Acting Chief Justice at the earliest, along with Memo dated 24.02.2025, for assigning the matter to the Bench having assignment to hear Arbitration Appeals, as prayed by the Respondent.
(S.K. Mishra)
Prasant Judge
Signature Not Verified
Digitally Signed
Signed by: PRASANT KUMAR PRADHAN Page 3 of 3
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack. Date: 03-Mar-2025 10:03:41