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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
| Table of Content |
|---|
| 1. background of intra-court appeal and arbitration award. (Para 1 , 2 , 3 , 4) |
| 2. court's view on the maintainability of article 226 against judicial orders. (Para 5 , 6) |
| 3. discussion on the supreme court's stance on judicial orders under article 226. (Para 7 , 8 , 9) |
| 4. clarification on maintainability of articles 226 and 227. (Para 10 , 11 , 12) |
| 5. judges' jurisdiction and its implications. (Para 13 , 14 , 15 , 16) |
| 6. conclusion regarding the reviving of writ petition under article 227. (Para 17 , 18 , 19) |
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 par
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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