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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Lumenkai Power Private Limited – Appellant
Versus
Kalinga Insulation – Respondent
| Table of Content |
|---|
| 1. hearing and introduction of the case. (Para 1 , 2) |
| 2. arguments on maintainability under article 227. (Para 3 , 4 , 5) |
| 3. interpretation of section 13 of the commercial courts act. (Para 6 , 7 , 8) |
| 4. importance of punctuation in legal interpretation. (Para 9 , 10) |
| 5. conclusion on the applicability of proviso in section 13. (Para 11 , 12 , 13 , 14) |
| 6. order listing and continuation of interim order. (Para 15 , 16) |
JUDGMENT :
1. Heard Mr. A.K. Parija, learned Senior Advocate along with Mr. B.P. Das, learned Advocate for the Petitioner and Mr. M.K. Mishra, learned Senior Advocate along with Mr. D. Mishra, learned Advocate for the Opposite Party.
3. Before entering into the merit of the dispute, a preliminary objection is raised by the present Opposite Party, who is the D.Hr., regarding maintainability of the present C.M.P. under Article 227 of the Constitution of India.
5. Conversely, refuting to such objections raised by the Opposite Party, Mr. A.K. Parija, learned Senior Advocate for the Petitioner submits that, the provisions of the Act, i.e. the Commercial Courts Act, cannot be interpreted in such a way that are submitted by the Opposite Party. Specifically, the provis
The proviso in Section 13 of the Commercial Courts Act applies to both subsections, allowing for appeals under Article 227.
The proviso in Section 13 of the Commercial Courts Act qualifies the generality of the main provision by providing an exception, and appeals from orders passed in commercial causes would lie only in ....
Appeals against non-enumerated orders under the Commercial Courts Act are not maintainable, reinforcing adherence to Supreme Court precedent and emphasizing efficient judicial processes in commercial....
Urgent interim relief can be granted without prior mediation under Section 12A of the Commercial Courts Act if urgency is established, allowing plaintiffs to proceed with their suit.
Power to refer parties to arbitration where there is an arbitration agreement - Application of any of the parties to the suit, withdraw such suit or application from the court before which it is pend....
Section 9 of the Arbitration and Conciliation Act, 1996 permits interim relief after an arbitral award but before enforcement, irrespective of concurrent execution proceedings.
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