High CourtsSingle Bench(2023) 05 OHC CK 0001

M/s. Anupam Industries Ltd vs M/s Bharat Industrial Projects Pvt.Ltd

Orissa High Court · Decided on 1 May 2023

HON’BLE JUDGES
Dr S.K. Panigrahi, J
CASE NUMBER
ARBA No.09 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

10 paragraphs · 200 words

Dr S.K. Panigrahi, J

1.This matter is taken up through hybrid mode.

2.

Heard.

3.

The appellant has filed the present appeal challenging the impugned order dated 28.03.2023 passed by the learned District Judge, Sundargarh, in Review Petition(C) No. 01 of 2022 arising out of Arbitration Case No. 05 of 2022. The learned District Judge, after setting aside an Arbitral Award under Section 34 of the A & C Act, 1996, remanded the matter back to the Arbitral Tribunal for fresh adjudication.

4.

Learned counsel for the appellant submits that even though the learned District Judge,Sundargarh recorded the finding that the respondent was not having registration under Section 8 of MSMED Act, 2006 at  the time of agreement, he still erred in remanding the matter back to the Council.

5.

In such view of the matter issue notice to the sole opposite party by Regd. Post. Requisites shall be filed within three working days from today.

6.

List this matter on 16th the May, 2023.

I.A. No. 19 of 2023

7.

As an interim measure, the further proceedings in MSEFC Case No.09 of 2019 pending before the learned MSEFC, Cuttack shall remain stayed till the next date of hearing.

………………………….