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Judgment
Arindam Sinha, J
W.P.(C) No.26104 of 2022 and I.A. No.13739 of 2022
Mr. Mishra, learned advocate appears on behalf of petitioning bank. He submits, ultimately his client’s arbitration petition challenging award dated 11th August, 2010 was filed before the District Judge, Sambalpur. Subsequent thereto, the first Division Bench of this Court by judgment dated 8th April, 2022 took view that such challenge is to be filed in the Commercial Court. However, in the meantime impugned orders dated 19th May, 2022 and 25th August, 2022 were passed by the Court below, inter alia, directing deposit of Rs.5,00,000/- and, thereafter, on the deposit made by his client, allowing withdrawal by award holder on furnishing indemnity. He submits, though view taken in judgment dated 8th April, 2022 is subject matter of a Special Leave Petition before the Supreme Court, already filed, at present it prevails rendering the Court below as not having had jurisdiction to have passed impugned orders.
It appears from subsequent impugned order dated 25th August, 2022 that reason given for allowing withdrawal is that petitioner has remedy of restitution available to it. There is no indication as to what provision provides for this restitution.
There will be stay of operation of order dated 25th August, 2022 till next date.
The I.A. is disposed of.
Issue notice along with this order on opposite party by registered /speed post with A.D. Petitioner will put in requisites.
List on 1st November, 2022.
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