Executive Enginr., Tpsodl, (Erstwhile Southco), Berhampur Vs M/S. United Electricals and Engineering Pvt. Ltd. — Orissa HC (2024) — LawSathi Research

Executive Enginr., Tpsodl, (Erstwhile Southco), Berhampur Vs M/S. United Electricals and Engineering Pvt. Ltd. — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

ARBA No.9 of 2024 disposed of: impugned order dated 07.05.2024 set aside; District Judge, Ganjam directed to transmit RFA No.54 of 2023 record to the concerned Commercial Court within one month; Commercial Court to decide on merit uninfluenced by the set-aside order, treating the appellants' delay sympathetically, and complete the proceeding within two months of transmission.

Issue for consideration

Whether the learned District Judge, Ganjam erred in dismissing RFA No.54 of 2023 on the ground of limitation instead of remanding the matter to the concerned Commercial Court for proper and effective adjudication of the dispute.

Court's answer

Instead of dismissing RFA No.54 of 2023 on the ground of limitation, the learned District Judge, Ganjam should have remanded the matter to the concerned Commercial Court for proper and effective adjudication of the dispute.

Ratio / Principle

The impugned order dated 07.05.2024 passed by the learned District Judge, Ganjam in RFA No.54 of 2023 is set aside.

Key takeaways

The learned District Judge, Ganjam is directed to transmit the case record pertaining to RFA No.54 of 2023 to the concerned Commercial Court within one month from presentation of an authenticated copy of this order.ratio¶26
Upon transmission, the Commercial Court shall make all endeavours to decide the matter on merit without being influenced by the order dated 07.05.2024 passed by the learned District Judge, Ganjam (sentence continues into paras 27 and 29, fragmented by digital-signature overlay).ratio¶26
Delay, if any, in the approach of the appellants shall be considered sympathetically.

Detailed headnote1 paragraphs

Arbitration Appeal (ARBA No.9 of 2024, decided 21.10.2024) by the Executive Engineer, TPSODL, Berhampur against an order of the learned District Judge, Ganjam dismissing RFA No.54 of 2023 — arising out of an award dated 27.12.2022 of the Micro and Small Enterprises Facilitation Council, Cuttack (MSEFC Case No.22 of 2020) — solely on the ground of limitation. The High Court held the District Judge ought to have remanded the matter to the concerned Commercial Court for adjudication on merits rather than dismiss it as time-barred; set aside the order dated 07.05.2024; directed transmission of the case record to the Commercial Court within one month; directed that the Commercial Court decide the matter on merit without being influenced by the set-aside order; directed sympathetic consideration of any delay in the appellants' approach; and required the Commercial Court proceeding to be completed within two months of transmission.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBA No.9 of 2024

…. Executive Engineer, Appellant(s) TPSODL, Berhampur, Ganjam & Ors.

Mr. Suresh Chandra Dash, Adv.

-versus-

M/s. United Electricals & …. Respondent(s) Engineering Pvt. Ltd., Ganjam & Ors.

Mr. Gouri Mohan Rath, Adv.

for R-1

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER Order

21.10.2024 No.

1 . This matter is taken up through hybrid arrangement.

2. In filing this Arbitration Appeal, the Appellants being the employees of the Electricity Distribution Company have challenged the impugned order dated 07.05.2024/Annexure-3 passed by the learned District Judge, Ganjam in RFA No.54 of 2023.

3. Challenging the impugned order dated 07.05.2024, learned counsel for the Appellants submits that instead of deciding the proceeding vide RFA No.54 of 2023 on merit, the learned District Judge, Ganjam has dismissed the said RFA on the

ground of limitation.

Signature Not Verified

Digitally Signed Signed by: AYASKANTA JENA 4. He further contends that since the proceeding vide RFA Designation: Personal Assistant Reason: Authentication Location: High Court of OrissaDate: 22-Oct-2024 17:01:09 N o.5 4 of 2023 arises out of the award dated 27.12.2022

4. He further contends that since the proceeding vide RFA

passed by the learned Micro and Small Enterprises

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Facilitation Council, Cuttack in MSEFC Case No.22 of 2020, the learned District Judge, Ganjam should have remanded the matter to the concerned Commercial Court for proper and effective adjudication of the dispute.

5. Learned counsel for the Respondents also accedes to the above submission made by the learned counsel for the Appellants.

6. Considering the submissions made on behalf of both the parties and looking to the dispute involved herein, this Court is of the view that instead of dismissing the proceeding vide RFA No.54 of 2023 on the ground of limitation, the learned District Judge, Ganjam should have remanded the matter to the concerned Commercial Court for proper and effective adjudication of the dispute.

7. Hence, this Court while setting aside the impugned order dated 07.05.2024 passed by the learned District Judge, Ganjam in RFA No.54 of 2023, directs the learned District Judge, Ganjam to transmit the case record pertaining to RFA No.54 of 2023 to the concerned Commercial Court within a period of one month from the date of presentation of an authenticated copy of this order. In such event, the said Commercial Court shall make all endeavours to decide the

matter on merit without being influenced by the order dated Signature Not Verified

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 22-Oct-2024 17:01:09

07.05.2024 passed by the learned District Judge, Ganjam.

8. It is also made clear that delay, if any, in the approach of the appellants shall be considered sympathetically. The

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proceeding before the Commercial Court shall be completed within a period of two months from the date of transmission of the record.

9. This ARBA stands disposed of with the above order.

(Dr. S.K. Panigrahi)

Judge

Ayaskanta

Signature Not Verified

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 22-Oct-2024 17:01:09

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