Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MA No. 108 of 1997
M/s. Sarita Steel Agencies …. Appellant
Mr. S. K. Mund, Sr. Advocate -Versus-
M/s. IPISTEEL Ltd. and another …. Respondents
Mr. K.V. Sharma, Advocate
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 14.05.2026
12.
1. Perused the minutes of the Registry.
2. Recorded the submission of Mr. Mund, learned Senior counsel for the appellant.
3. None appears for the respondents at the time of call.
4. Mr. Mund, learned Senior Counsel refers to Section 39(1) of the Arbitration Act, 1940 to submit that the appeal lies to the District Court, hence, the matter needs remand. The further submission is that instant appeal is pressed into service by the appellant in terms of Section 39(1)(vi) of the said Act. Considering the submission as above, this Court is inclined to hold that the appeal shall have to be remitted to the District Court for its disposal according to law.
5. Hence, it is ordered.
6. Consequently, the appeal is directed to be remanded back to the District Court for hearing and disposal as per law. It is further directed that the appellant shall appear before the Court concerned on 24th June, 2026 to receive further orders. A copy of the order be communicated to the District Court forthwith.
(R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer