DEVASHIS BARUAH
PCI Cables Industries Pvt. Ltd. – Appellant
Versus
Assam Power Distribution Company Limited – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. H. Gupta, the learned counsel appearing on behalf of the petitioner. Mr. K.P. Pathak appears on behalf of the respondent.
2. This is an application under Article 227 of the Constitution of India challenging the order dated 17.01.2025 passed by the learned Court of Additional District Judge No. 1, Kamrup (M), Guwahati (hereinafter referred to as “the learned Appellate Court) in Misc. Arbitration Appeal No. 01/2025 whereby the ad interim ex-parte order dated 03.01.2025 passed in Misc (Arbitration) No. 01/2025 by the learned Court of the Civil Judge (Senior Division) No.3, Kamrup (Metro) at Guwahati was set aside and quashed.
3. The question which arises in the instant proceedings is as to whether this Court should exercise its supervisory jurisdiction against an order passed by the learned Appellate Court who had exercised jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “the Act of 1996”). To ascertain the said, this Court would like to briefly deal with the facts leading to the filing of the instant proceedings.
4. The petitioner herein was awar
The Appellate Court has jurisdiction to set aside ex-parte orders under Section 37 of the Arbitration and Conciliation Act, 1996, especially when the contract in question is deemed determinable.
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