Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 18-Feb-2025 17:31:36 IN THE HIGH COURT OF ORISSA AT CUTTACK ARBA No.3 of 2023 Along with ARBA No.37 of 2022, ARBA No.4 of 2023, ARBA No.5 of 2023 (IN ARBA No.3 of 2023)

(From the Judgment dated 12.1.2023 passed by the Learned District Judge, Ganjam in Arbitration Petition No.1 of 2021 arising out of award dated 18.7.2018 passed by the Micro and Small Enterprises Facilitation Council in MSEFC Case No. 33 of 2017)

The Deputy General Manager, …. Appellant (s)

(Elect.), Electrical Circle, Berhampur, -versus-

M/s. Maa Bhairabi Traders, …. Respondent (s)

Lochapada Road, PO. Berhampur, Dist.-Ganjam &Anr.

Advocates appeared in the case through Hybrid Mode:

Appellant (s) : Mr. Anindya Kumar Mishra, Adv. Respondent (s) : Mr. Rajeet Roy, Adv.

Mr. Suryakanta Dwibedi, Adv.

Mr. R.K. Mahanta, Adv.

(IN ARBA No.37 of 2022)

(From the order dated 14.09.2022 passed by the Learned District Judge, Ganjam, Berhampur in Arbitration Petition No.1 of 2021 arising out of award dated 18.07.2018 passed by the Micro and Small Enterprises Facilitation Council in MSEFC Case No. 33 of 2017)

Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 18-Feb-2025 17:31:36 Superintending Engineer (TPSODL, …. Appellant (s)

Electrical Circle, Bidyutpuri Colony, Berhampur -versus-

M/s. Maa Bhairabi Traders, …. Respondent (s)

Lachapada Road, PO. Berhampur, Dist.-Ganjam & Anr.

Advocates appeared in the case through Hybrid Mode:

Appellant (s) : Mr.Suresh Chandra Dash, Adv. Respondent (s) : M/s. G.M. Rath, Adv.

Mr. S.S. Padhy, Adv.

(IN ARBA No.4 of 2023)

(From the Judgment dated 12.1.2023 passed by the Learned District Judge, Ganjam in FAO No.20 of 2022 arising out of award dated 19.01.2019 passed by the Micro and Small Enterprises Facilitation Council in MSEFC Case No.35 of 2017)

Chief Operating Officer, SOUTHCO …. Appellant (s)

Utility, Corporate Office,Berhampur -versus-

Director of Industries, Cuttack, …. Respondent (s)

Odisha & Ors.

Advocates appeared in the case through Hybrid Mode:

Appellant (s) : Mr. Anindya Kumar Mishra, Adv. Respondent (s) : Mr. Rajeet Roy, Adv.

Mr. Suryakanta Dwibedi, Adv.

Mr. R.K. Mahanta, Adv.

Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 18-Feb-2025 17:31:36 (IN ARBA No.5 of 2023)

(From the Judgment dated 12.1.2023 passed by the Learned District Judge, Ganjam in FAO No.19 of 2022 arising out of award dated 19.01.2019 passed by the Micro and Small Enterprises Facilitation Council in MSEFC Case No.34 of 2017)

Chief Operating Officer, SOUTHCO …. Appellant (s)

Utility, Corporate Office, Berhampur -versus-

Director of Industries, Cuttack, …. Respondent (s)

Odisha & Anr.

Advocates appeared in the case through Hybrid Mode:

Appellant (s) : Mr. Anindya Kumar Mishra, Adv. Respondent (s) : Mr. Rajeet Roy, Adv.

Mr. Suryakanta Dwibedi, Adv.

Mr. R.K. Mahanta, Adv.

CORAM:

DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-25.11.2024 DATE OF JUDGMENT: -14.02.2025 Dr. S.K. Panigrahi, J.

1. These Appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‚A&C Act‛) have been filed against the Judgments dated 12.1.2023 passed by the Ld. District Judge, Ganjam in Arbitration Petition No. 1 of 2021 as well as FAO No. 19 of 2022 and FAO No. 20 of 2022 arising out of award dated 18.7.2018 passed by Micro and Small Enterprises Facilitation Council in MSEFC Case No. 33 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 18-Feb-2025 17:31:36 of 2017, award dated 19.1.2019 passed by Micro and Small Enterprises Facilitation Council in MSEFC Case No. 34 of 2017 and award dated 19.1.2019 passed by Micro and Small Enterprises Facilitation Council in MSEFC Case No. 35 of 2017. As all the aforesaid Appeals involve the same contesting parties and raise the same questions of law, it is considered prudent to deal with them together.

I. FACTUAL MATRIX OF THE CASE:

2. For the sake of brevity, the facts involved in the aforesaid appeals are summarily discussed herein:

i. ARBA No. 3 o