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IN THE HIGH COURT OF ORISSA AT CUTTACK
MURAHARI SRI RAMAN, HARISH TANDON
NKC Projects Pvt. Ltd., Haryana – Appellant
Versus
Chief Engineer (Roads-1), Bhubaneswar – Respondent
JUDGMENT :
HARISH TANDON, C.J.
1. This intra-Court appeal arises out of order dated 9th January, 2026 passed by a learned Single Judge of this Court in W.P.(C) No.34461 of 2025.
2. An interesting point emerged in the instant writ appeal, arising from an order dated 9th January, 2026 passed by the Single Bench, whereby and whereunder the order passed by the Commercial Court in an execution proceeding was set aside, as to whether the said order is amenable to be challenged by invoking the jurisdiction exercised by the High Court under Article 226 of the Constitution of India.
3. The prelude to the litigations can be traced that upon a dispute having arisen between the parties in relation to a contract, the special fora relating to an arbitration was invoked and the Arbitral Tribunal entered into a reference and invited the parties to exchange their pleadings. After the full-fledged trial, the said arbitral proceeding culminated into an arbitral award against the State of Odisha which remained unchallenged as either no application under Section 36 of the Arbitration and Conciliation Act, 1996 was filed or the same having filed, stood dismissed. The moment the award remained unchallenged o
Writ under Article 226 is not maintainable against judicial orders in civil proceedings; supervisory jurisdiction under Article 227 remains available for such cases.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
Provision for enforcement of an award, as per terms of Section 36, having been provided for in same manner as if it were a decree of court, it would follow that court enforcing award would exercise p....
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; Article 227 provides distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeals or revisions.
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