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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Adarsh Noble Corporation Limited – Appellant
Versus
Indian Oil Corporation Ltd – Respondent
| Table of Content |
|---|
| 1. overview of arbitration award and disputes. (Para 1 , 2) |
| 2. parties' arguments on jurisdiction and award validity. (Para 3) |
| 3. court's analysis of jurisdiction, fairness, and execution. (Para 4) |
JUDGMENT :
Appellant-Company has preferred these two intra-Court appeals calling in question two orders made by a learned Single Judge of this Court in two writ petitions filed by the Respondents. In W.P.(C) No.30966/2024, the challenge was to the arbitration Award dated 10.07.2023 entered by the Facilitation Council, Cuttack in MSEFC Case No.56/2022. This petition was allowed on 20.09.2025. In W.P.(C) No.20210/2025, the challenge was to the three orders dated 24.09.2024, 19.06.2025 & 14.07.2025 whereby Respondents’ resistant to execution came to be rejected.
2.1. Respondents had awarded a construction work at Paradip Refinery to the Appellant vide LOA dated 29.11.2017. Contract value was Rs.20,86,26,058.50 & contract period was 18 months reckoned from the date of LOA. There were certain issues relating to accomplishment of work. The contract was terminated vide letter dated 13.12.2018 and the work was entrusted to another contractor. This eventually resulted into Appellant fi
Failure to assert jurisdictional challenges during arbitration prevents later claims of nullity, affirming the enforceability of an arbitration Award.
Important Point : The court established that statutory remedies must be exhausted before invoking writ jurisdiction against awards under the MSMED Act.
The Facilitation Council must adhere to the procedural requirements of both the MSMED Act and the Arbitration Act, and failure to do so renders any award issued a nullity, which can be challenged out....
Jurisdictional challenges to arbitration awards must be raised under Section 34 of the Arbitration Act, and the pre-deposit requirement under Section 19 of the MSME Act is mandatory.
Jurisdictional objections to arbitration awards must be raised during proceedings, not at execution; failure to do so leads to unenforceable awards.
Orders by MSEFC failing to follow arbitration procedures under the MSMED Act are not valid awards, allowing for writ petitions under Article 226 due to natural justice violations.
Writ Jurisdiction – Access to High Courts by way of writ petition under Article 226 of Constitution of India, is not just a constitutional right but also a part of basic structure – It is available t....
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