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2023 Supreme(Ori) 132

S. K. PANIGRAHI
Chief Engineer ( EZ-ii) Central Public Works Deptt. Patna, Bihar – Appellant
Versus
Karunakar Mohanty – Respondent


Advocates appeared:
Prasanna Kumar Parhi, Advocate, Debasis Tripathy, Advocate

JUDGMENT

 Dr S.K. Panigrahi, J. - I.A. Nos. 5 and 6 of 2023 & ARBA No.14 of 2020

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the petitioners/appellants. None appears for the opposite party.

3. The petitioners/appellants challenge the judgment dated 16th November, 2019 passed by the learned District Judge, Khordha at Bhubaneswar in Arbitration Proceeding No.183 of 2010 wherein the learned District Judge dismissed the said petition filed under Section 34 of the Arbitration and Conciliation Act 1996.

4. Learned counsel for the petitioners/appellants submits that the notice was issued on the respondent. In the meantime, the Execution Case No.61 of 2010 has been filed in the Executing Court. On 17.01.2023 the Executing Court has directed the Bank to prepare the D.D. for an amount of Rs.1,32,13,228/- in favour of DHR namely, Karunkar Mohanty by 24.01.2023. Hence, the appellants/petitioners have urgently mentioned the matter at 10.30 A.M. and the matter was taken up at 2 P.M.though this case was not listed today.

5. Learned counsel for the petitioners/appellants submits that though the case was adjourned to 2nd of February,2023 but the court below is proc

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