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2022 Supreme(SC) 1691

M. R. SHAH, M. M. SUNDRESH
Yashpal Chopra And Co. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Meenakshi Arora, Sr. Advocate, Mr. Tushar Arora, Advocate, Ms. Reena Pandey, Advocate, Ms. Manjulika Pal, Advocate, Mr. Anurag Pandey, Advocate, For the Appellant.

ORDER

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.05.2022 passed by the High Court of Orissa at Cuttack in Arbitration Appeal No. 31 of 2012 by which the High Court has allowed the said Appeal and set aside the order passed by the concerned District Court dismissing the application under section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') as not maintainable and has consequently remanded the matter to the concerned District Court to decide and dispose of Section 34 application on merits, the original respondent before the High Court has preferred the present Petition.

2. Ms. Meenakshi Arora, learned Senior Advocate appearing on behalf of the petitioner has heavily relied upon Section 42 of the Arbitration Act and Section 11 of the Arbitration Act, as amended, in support of her submission that the High Court, who has exercised the jurisdiction under Section 11 of Arbitration Act alone can be said to be 'Court' and, therefore, Section 34 application shall lie before the concerned High Court only.

3. The aforesaid has no substance. It is an admitted position that so far as Orissa High Court is concerned, the s

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