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Judgment
D.Dash, J
This matter is taken up through hybrid arrangement (virtual/physical) mode.
The Appellants have filed this Appeal under section-37 of the Arbitration and Conciliation Act, 1996, in assailing the order dated 24.07.2023 passed by the learned Senior Civil Judge (Commercial Court), Berhampur, Ganjam in C.M.A No.27 of 2020 and ARBP No.01 of 2022.
The Respondents have raised the preliminary objection regarding maintainability of the Appeal before this Court.
Upon hearing learned Senior Counsel for the Appellants and learned Counsel for the Respondents, further keeping in view the decision of this Court in W.P.(C) No. 3523 of 2022, which has been confirmed by the Hon’ble Apex Court, the present Appeal before this Court being not entertainable, the same is accordingly disposed of granting liberty to the Appellants to file the said Appeal under section-37 of the Arbitration and Conciliation Act, 1996 before the Commercial Appellate Court, Berhampur with the application under Section-5 read with section-14 of the Limitation Act within five(5) weeks hence.
The certified copies of the impugned order and other documents be returned to the learned Counsel for the Appellants on substitution of the attested photo copies thereof.
Issue urgent certified copy as per rules.
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