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Judgment
S.K. Mishra, J
The Petitioner-Bank, who is the Petitioner in Arbitration Case No.2 of 2023, pending in the Court of Senior Civil Judge (Commercial Court), Sambalpur, has preferred this Writ Petition with an innocuous prayer to direct the Court below to dispose of its petition dated 03.01.2024 so also petition dated 23.02.2024, filed in the said case within a stipulated time frame, keeping in view the order dated 07.02.2024 passed by the District Judge, Sundargarh in Arbitration Case No.13 of 2010.
The grievance of the Petitioner is that for inaction of the Court below to deal with and dispose of its Petitions dated 03.01.2024 & 23.02.2024 filed in Arbitration Case No.02 of 2023, vide which a prayer has been made that the Arbitration Proceeding File No.4 of 2008, which is available in the Court of District Judge, Sundargarh in ARBP No.13 of 2010, the Petitioner-Bank is unable to proceed further in Arbitration Case No.02 of 2023, as defect has been pointed out by the Office as to non-production of the original arbitral award impugned in the said Petition.
As is revealed from the record, before moving such applications before the Commercial Court, Sambalpur, a Petition was moved in Arbitration Petition Case No.13 of 2010 before the District Judge, Sundargarh for transmission of record in Arbitration Petition Case No.13 of 2010 to the Court of Commercial Court, Sambalpur for proper adjudication of Arbitration Case No.2 of 2023. On being so moved, the District Judge, Sundargarh passed the following order:-
“07.02.2024: The Petition dt. 04.01.2024 filed on behalf of the petitioner is taken up for consideration. Heard. Perused the record. It appears that this Court has already decided this case regarding jurisdiction vide order dt. 31.03.2022 and thereafter the petitioner filed a petition under section 34 of the Arbitration and Conciliation Act having Arbitration Petition no.15/2022 before the District Judge, Sambalpur and thereafter it was withdrawn from the said Court on the ground of lack of jurisdiction and then filed before the Commercial Court, Sambalpur. It further appears that the case record in Arbitration proceeding No.04/2008 wherein award has been passed by the Sole Arbitrator Justice D.M. Patnaik has been called for by this Court for reference in Arbitration Proceeding No.13/2010. Now the said proceeding has been disposed of since 31.3.2022 due to lack of jurisdiction. Hence, the present case is to be adjudicated before the Commercial Court, Sambalpur. Be that as it may, the record cannot be sent on a petition filed by the petitioner/bank. However, the same can be transmitted if it is required or called by the concerned Commercial Court, Sambalpur for proper adjudication of the dispute. Hence, the petition filed by the petitioner/bank is disposed of accordingly.”
(Emphasis supplied)
As is seen from the Petitions dated 03.01.2024 & 23.02.2024, as at Annexures 8 & 9 respectively, after passing of the said order by the District Judge, Sundargarh and the defect being pointed out by the Office, in order to overcome the said defects, as pointed out in the Office note in Arbitration Case No.02 of 2023, the Petitioner Bank was constrained to file Petition dated 03.01.2024 with a prayer to call for the Arbitration Proceeding File No.04 of 2008 available in ARBP No.13 of 2010 from the Court of District Judge, Sundargarh and because of delay in disposal of the said Petition, again a Petition was filed on 23.02.2024 enclosing thereto the certified copy of order dated 07.02.2024 passed by the District Judge, Sundargarh in ARBP No.13 of 2010. However, as is pleaded in the Writ Petition, both the said Petitions are still pending for consideration before the Court below and the Petitioner is unable to remove the defects enabling it to move further on merit in the section 34 application filed before the Commercial Court, Sambalpur.
In view of the averment made in the Writ Petition so also on perusal of the certified copy of the order sheets and relevant records, which have been annexed to the Writ Petition, this Court disposes of the Writ Petition at the stage of admission directing the Senior Civil Judge (Commercial Court), Sambalpur to dispose of the Petitions dated 03.01.2024 and 23.02.2024 of the Petitioner-Bank, who is the Petitioner in Arbitration Case No.02 of 2023 within a period of two weeks’ from the date of communication of the certified copy of this order keeping in view the order dated 07.02.2024 passed by the District Judge, Sundargarh in Arbitration Case No.13 of 2010.
At this stage, Mr. Misra, learned Counsel for the Petitioner submits that the Arbitration Case No.02 of 2023 stands posted to tomorrow (24.04.2024) for consideration of the said Petitions.
In view of such submission made, in order to expedite the said process of disposal of the applications as detailed above, in addition to the certified copy, the Petitioner-Bank is given liberty to utilize the digitally signed copy of this order available in the website of this Court, to be produced before the Court below enabling it to act in terms of direction given above.
With the said observation, the Writ Petition stands disposed of.
Urgent certified copy of this order be granted on proper application as per rules.
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