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ORISSA HIGH COURT
Krushna Ram Mohapatra, J
Shreedatt Dash – Appellant
Versus
M/s. Z. Estate Private Ltd. (ZEPL) – Respondent
| Table of Content |
|---|
| 1. court challenges to orders transferring commercial appeals. (Para 2 , 3 , 4 , 6) |
| 2. analysis of procedural laws in arbitration. (Para 8) |
| 3. court's interpretation of the applicability of legislative provisions. (Para 9) |
| 4. arguments surrounding the jurisdiction and nature of commercial disputes. (Para 10) |
| 5. conclusion dismissing the cmp. (Para 11) |
JUDGMENT
1. This matter is taken up by virtual/physical mode.
3. By order under Annexure-1, learned District Judge transferred ARBP No.2 of 2021 to the designated Commercial Court, namely, Senior Civil Judge (Commercial Court), Bhubaneswar (for brevity ‘the Commercial Court’). Order under Annexure-2 relates to rejection of an application filed by the Petitioner assailing the jurisdiction of the said Court to entertain the appeal.
5. Since the issue involved in the CMP is a pure question of law, detailed narration of fact is not necessary. Briefly stated the parents of the Plaintiff during their lifetime had entered into an agreement with Defendant No.1-Z Estate Private Limited on 14th March, 2012 to purchase two numbers of flats, i.e., Flat-702 at 7th floor of 8th tower and Flat-1203 at 12th floor of the said 8th tower in Z-1
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