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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB KPANIGRAHI
Jindal Stainless Steel Limited @ M/s. Jindal Stainless Ltd., New Delhi – Appellant
Versus
Newton Engineering and Chemicals Ltd., Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments by the petitioner regarding limitation (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. arguments by the opposite party opposing the petition (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 4. consideration of maintainability of writ petition (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. insights on judicial restraint in arbitral matters (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 6. application of legal principles to the case (Para 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60) |
| 7. conclusion and dismissal of writ petition (Para 61 , 62 , 63 , 64) |
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. The present Writ Petition has been instituted by M/s Jindal Stainless Steel Limited @ M/s Jindal Stainless Limited, calling into question a chain of arbitral and post-arbitral proceedings culminating in the dismissal of an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. The challenge is directed against the judgment dated 26.07.2025 passed by the learned District Judge, Khurda, Bhubaneswar in Arb. Appeal No.16 of 2024, whereby the appeal pr
The court emphasized that limitation is a jurisdictional issue in arbitration, and mere disagreement with findings does not warrant interference under supervisory jurisdiction.
Judicial interference in arbitration proceedings under Articles 226 and 227 is limited to exceptional circumstances, emphasizing respect for arbitral awards and the need to minimize court involvement....
Claims in arbitration must adhere to statutory limitation periods; failure to comply renders them non-maintainable, emphasizing the strict nature of limitation under arbitration law.
The main legal point established in the judgment is the arbitrator's duty to inform the claimant of their failure to communicate their claim and to provide an opportunity to show sufficient cause, an....
Section 12 sets out grounds of challenge to person appointed as arbitrator and duty of an arbitrator appointed, to disclose any disqualification he may have.
The Arbitral Tribunal has the power to rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, a....
The main legal point established in the judgment is the need for exceptional circumstances to invoke the court's jurisdiction under Article 226 and 227, the limitations on judicial interference in ar....
The Court emphasized the importance of adhering to the statutory provisions of the Arbitration and Conciliation Act, particularly regarding the filing of Section 34 applications during the pendency o....
The limitation period for challenging an arbitral award under Section 34 starts from the disposal of a Section 33 application, not from the receipt of the award.
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