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Judgment
Arindam Sinha, J
Mr. Dash, learned advocate appears on behalf of petitioner (company). He submits, his client entered into a joint venture. The joint venture partners are the widow and sons, who are award debtors. Between them they challenged the award in the Commercial Court, Bhubaneswar. One of them filed two applications saying he had not joined in the challenge and, therefore, the challenge should be dismissed and secondly, that in any event he should be transposed as respondent, in the challenge.
Mr. Dash submits, it would appear from impugned orders dated 16th December, 2022 and 5th January, 2023 that the transposition petition was dealt with by the former, allowing it but recalled by the latter, on noticing that the transposition application had prior thereto been dismissed as not pressed. However, acting on the memo filed for recalling the order in respect of the transposition application, the other application for dismissal of the challenge, was also dealt with.
On query from Court Mr. Dash submits, apart from that there having been appointment of arbitrator by the Calcutta High Court, application for interim measure was also made to that Court. As such, section 42 in Arbitration and Conciliation Act, 1996 confers jurisdiction on Calcutta High Court as the first Court approached. The challenge petition in the Commercial Court is being heard without said Court having jurisdiction.
Mr. B. Jena, learned advocate appears on behalf of opposite party nos.1 and 3. He submits, petitioner has made an application invoking section 42 before the Commercial Court at Bhubaneswar. The application is fixed on 27th April, 2023. Mr. Dash submits, by impugned order dated 5th January, 2023 the Commercial Court has already dealt with the question of jurisdiction. On query made he submits, his client’s section 42 application has not yet been dealt with.
Mr. Dash submits further, there is a prestigious project to be executed herein Odisha. Parties should be directed to approach the mediation centre of this Court for working out and resolving their disputes so that they are in a position to bid for and execute the project. The submission stands recorded for all parties to consider.
Petitioner is at liberty to cause personal service on opposite party no.2.
List on 17th April, 2023.
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