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2025 Supreme(Ori) 717

IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K. PANIGRAHI
S.K. Cattle and Poultry Feeds – Appellant
Versus
Japfa Comfeed India Private Limited – Respondent


Advocates Appeared:
For the Appellant : D.R. Bhokta
For the Respondent: Haripad Mahanty

JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. The present Writ Petition has been preferred challenging the entire proceeding in Execution Case No.24 of 2019 pending in the Court of the Learned District Judge, Nabarangpur which arises out of Arbitration award dated 31.8.2013 passed by Learned Sole Arbitrator, Sri S.B. Panse.

I. FACTUAL MATRIX OF THE CASE:

2. The present Opposite Party is in the business of manufacturing and supply of animal feeds. The present Petitioner had a processing unit and entered into a Storage Agreement dated 1.9.2008 with the Opposite Party for processing of the Opposite Party’s products.

3. As per the terms of the Agreement, the Opposite Party was to supply raw materials and packing material to the present Petitioner. Thereafter, the Petitioner was under the obligation to exclusively process the products of the Opposite Party and maintain inventory.

4. Allegedly, after April, 2009 disputes arose between the Parties due to stoppage of production and consequently, the present Opposite Party terminated the Agreement on 2.5.2009. This is where the dispute arose.

5. The matter was referred to the Ld. Sole Arbitrator. The present Opposite Party claimed a total of Rs.12,91,153

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