Advocates:
['PRABHU PRASANNA BEHERA', '', 'B C MOHANTY', 'B SAHOO', 'L SENAPATI', 'M/S D K PATRA', 'A DASH', 'J R DEO', 'A K DASH', 'S MOHAPATRA', 'GAUTAM MISRASR ADV']

W.P.(C) Nos. 3523, 5491 & 5494 of 2022 and

W.P.(C) Nos. 28644 & 30554 of 2021

Page 1 of 36

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) Nos. 3523, 5491 & 5494 of 2022

and

W.P.(C) Nos. 28644 & 30554 of 2021

W.P.(C) No. 3523, 5491 & 5494 of 2022

M/s. M.G. Mohanty and another

….

Petitioners

-versus-

State of Odisha and others

….

Opposite Parties

W.P.(C) No. 28644 of 2021

M/s. Budhraja Mining & Construction

Limited.

….

Petitioner

-versus-

District Judge, Khurda and others

….

Opposite Parties

AND

W.P.(C) No. 30554 of 2021

Odisha Hydro Power Corporation Ltd.

(OHPC), Bhubaneswar

….

Petitioner

-versus-

M/s. TRAFLGAR House Construction

(T)

Satyam

Sankarnarayan

Joint

Venture (TSSJV) and others

….

Opposite Parties

Appeared in this case:

For Petitioners

:

Mr. Gautam Mukherjee, Senior Advocate

Mr. Durga Prasad Nanda, Senior Advocate

Mr. Prabhu Prasanna Behera, Advocate

(In W.P.(C). 3523, 5491 & 5494 of 2022)

Mr. Avijit Pal, Advocate

(In W.P.(C) No.28644 of 2021)

Mr. Durga Prasad Nanda, Senior Advocate

(In W.P.(C). No.30554 of 2021)

W.P.(C) Nos. 3523, 5491 & 5494 of 2022 and

W.P.(C) Nos. 28644 & 30554 of 2021

Page 2 of 36

For Opposite Parties :

Mr. P.K. Parhi, Asst. Solicitor General

Mr. P.K. Muduli, Addl. Govt. Advocate

Mr. Gautam Misra, Senior Advocate

Mr. Yogesh Jagia, Senior Advocate

Mr. Tanmay Mishra, Advocate

Mr. S.S. Parida, Advocate

CORAM:

THE CHIEF JUSTICE

JUSTICE R.K. PATTANAIK

JUDGMENT

08.04.2022

Dr. S. Muralidhar, CJ.

1. These five writ petitions raise interesting questions of law

concerning the interpretation as well as interplay of the provisions of

the Commercial Courts Act, 2015 (CC Act) with the provisions of the

Arbitration and Conciliation Act, 1996 (A&C Act). These petitions

also question a Notification dated 13^th November 2020, issued by the

State of Odisha through its Principal Secretary, Law Department in

establishing the Court of the Civil Judge (Senior Division) for the

purposes of exercising jurisdiction and powers under the CC Act.

2. The question posed for consideration by this Court is whether for

the purposes of the dealing with applications under Sections 9, 14, 34

and so on of the A&C Act jurisdiction can be conferred on a judicial

officer subordinate to the rank of a District Judge, i.e., the Principal

Civil Judge in the district notwithstanding Section 2 (1) (e) of the

A&C Act? An incidental question is whether the power exercised by

the State Government under Section 3(3) read with Section 10(3) and

15(2) of the CC Act can override Section 42 of the A&C Act?

W.P.(C) Nos. 3523, 5491 & 5494 of 2022 and

W.P.(C) Nos. 28644 & 30554 of 2021

Page 3 of 36

Facts in W.P. (C) Nos. 3523, 5491 and 5493 of 2022

3. Three of the five writ petitions are by M/s. M.G. Mohanty, a

registered partnership firm (Petitioner No.1) and its managing partner

Mr. Rajiv Lochan Mohanty (Petitioner No.2). The background facts

in these three petitions are that due to the disputes between the

partners of the firm i.e. Petitioner No.2 and proforma Opposite Party

Nos.4 to 8, applications under Section 9 were filed before the District

& Sessions Judge (D&SJ), Bhubaneswar. These were the Arbitration

Petition Nos.56, 57 and 58 of 2020. The learned D&SJ admitted

Arbitration Petition No.56 of 2020 by an order dated 12^th November,

2020 and on 17^th November, 2020 passed an interim order in favour

of the Petitioners. He issued notice in the remaining two petitions on

2^nd December, 2020.

4. Meanwhile, on 13^th November 2020, the impugned notification was

issued by the Law Department of the State Government in

consultation with the High Court establishing the Court of the Civil

Judge (S