ORIGINAL JURISDICTION - Orissa High Court

2010 ( I ) ILR-CUT- 354
R.N.BISWAL,J
PRESIDENCY EXPORTS & INDUSTRIES LTD.-V-E.SHIPPING
PVT.LTD.& ORS.*
DECEMBER 22,2009.
ARBITRATION ACT, 1996 (ACT NO.26 OF 1996) – SEC.9.
Whether District Judge in charge is competent to deal with the
case under the Act, in absence of the District Judge – Held, no.
Since the 1996 Act is a special enactment, the District Judge has
exclusive jurisdiction to deal with the case under the Act and
Addl.District Judge-in-charge of the District Judge can not exercise
power under the said Act – Impugned order set aside.
(Para 11)
Case laws Referred to:-
1. AIR 2006 SC 450 : ( M/S. s.B.P. & Co.-V- Patel Engineering Ltd. & Anr.).
2. 2006(4) Vol.64 ARBLR 90 SC : (Sandeep Kumar & Ors.-V-Master
Ritesh & Ors.).
3.AIR 2008 SC 1016 : (Atul Singh & Ors.-V-Sunil Kumar Singh & Ors.).
4.(2007) 7 SCC 120 : (Aurohill Global Commodities Ltd.-V-Maharastra
STC Ltd.).
For Appellant – M/s.N.R.Rout, Pami Rath, S.Pradhan & S.K.Pradhan.
For Respondents – M/s.D.N.Mohapatra, M.Mohapatra, G.R.Mohapatra &
S.P.Nath,
(for Respondent No.2)
M/s. S.M.Pattnaik, D.Mohanty, R.R.Sahoo, S.Mohanty
& S.K.Nanda
(for Respondent No.1)
*ARBA NO.25 OF 2009. In the matter of an appeal under Section 37 of the
Artbitration & Conciliation Act, 1996.
R.N.BISWAL,J. In this appeal, the appellant challenged the order dated
11.11.2009 passed by the District Judge-in-Charge, Cuttack in ARBP
No.207 of 2009, wherein he ordered that status quo in respect of the cargo
as on the date of the order, be maintained by both the parties till
appearance of the opp. parties.
2. Opp. party No.1 herein was the petitioner, appellant was the opp.
party No.2, respondent No.2 was the opp. party No.1 and respondent No.3
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