High CourtsDivision Bench(2021) 09 OHC CK 0076

Odisha State Road Transport Corporation vs ARSS Bus Terminal Pvt. Ltd.

Orissa High Court · Decided on 20 September 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · B.P. Routray, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No.637 Of 2021

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Judgment

6 paragraphs · 167 words
1.

The writ petition before the learned Single Judge against the order of the Arbitrator was clearly not maintainable and dismissal of the writ petition by the impugned order dated 16th July, 2021 is therefore justified.

2.

Learned counsel for the Appellant then states that he may be permitted to urge all the points raised in the writ petition before the learned Single Judge in the petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act, 1996') at the appropriate stage, if so warranted.

3.

It is clarified that if the arbitral Award is against the Petitioner/Appellant and is challenged under Section 34 of the Act, 1996 it will be open to the Appellant in that event to urge all the points raised in the writ petition before the learned Single Judge in the petition under Section 34 of the Act, 1996.

4.

The appeal is dismissed with the above observations.

5.

An urgent certified copy of this order be issued as per rules.

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