Ashok Kumar Tripathy Vs M/S. Toyota Financial Services India Ltd. — Arbitration | Orissa HC (2024)

Ashok Kumar Tripathy Vs M/S. Toyota Financial Services India Ltd. — Arbitration | Orissa HC (2024)

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn with liberty to the appellant to present the Memorandum of Appeal, together with an application under section 5 read with section 14 of the Limitation Act, before the Commercial Appellate Court for consideration and disposal in accordance with law; annexures to be returned to learned counsel for the appellant on substitution of attested photocopy; urgent certified copy to be issued as per rules.

Issue for consideration

Whether the appeal under section 37, presented before this Court in view of counsel's unawareness that the Commercial Appellate Court had been notified, should be permitted to be withdrawn so as to be filed before the Commercial Appellate Court with an application for condonation of delay.

Court's answer

Granting liberty to the appellant to present the Memorandum of Appeal along with the application under section 5 read with section 14 of the Limitation Act before the Commercial Appellate Court for their consideration and disposal in accordance with law.

Ratio / Principle

The appeal stands disposed of as withdrawn.

Detailed headnote1 paragraphs

Arbitration Appeal (ARBA No. 30 of 2022) under section 37 of the Arbitration and Conciliation Act, 1996 challenging the order dated 08.07.2022 of the learned Commercial Court, Bhubaneswar passed in an application under section 34 of the said Act. Counsel for the appellant submitted that, being unaware that the Commercial Appellate Court had already been notified, the appeal had inadvertently been presented before the High Court, and prayed for withdrawal so as to file the appeal before the Commercial Appellate Court seeking condonation of delay under section 5 read with section 14 of the Limitation Act. The High Court (D. Dash, J.) disposed of the appeal as withdrawn, granting liberty to present the Memorandum of Appeal with the condonation-of-delay application before the Commercial Appellate Court for consideration and disposal in accordance with law; directed that the annexures be returned on substitution of attested photocopies; and ordered issue of urgent certified copy as per rules.

IN THE HIGH COURT OF ORISSA AT CUTTACK ARBA NO.30 OF 2022

Ashok Kumar Tripathy …. Petitioner

Represented By Adv. -Gopinath Mishra.

-versus-

State of Odisha …. Opposite Party Represented By Adv. -Mr. Ramchandra Panigrahy,

CORAM:

THE HON’BLE MR. JUSTICE D.DASH

ORDER

Order No.

03.07.2024

This matter is taken up by hybrid mode.

Mr. Gopinath Mishra, learned Counsel for the Appellant prays for withdrawal of this Appeal filed by the Appellant under section-37 of the Arbitration and Conciliation Act, 1996 challenging the order dated 08.07.2022 passed by the learned Commercial Court, Bhubaneswar in the matter of an application under section-34 of the said Act. He submits that as it was not within his knowledge that Commercial Appellate Court had then already been notified, inadvertently the Appeal under section-37 of the Act had been presented before this Court. However, in view of the notification of the Commercial Appellate Court, Mr. Mishra, now prays for withdrawal of this Appeal so as to file the same before the Commercial Appellate Court, seeking condonation of delay under section-5 read with section-14 of the Limitation Act for their consideration and disposal in accordance with law.

Granting liberty to the Appellant to present the Memorandum of Appeal along with the application under section-5 read with section-14 of the Limitation Act before the Commercial Appellate Court for their consideration and

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disposal in accordance with law, this Appeal stands disposed of as withdrawn.

All the annexures be returned to the learned Counsel for the Appellant on substitution of the attested photocopy of the same.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan

Signature Not Verified

Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 04-Jul-2024 17:58:48

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