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2026 DAILYLAW 596 (ORI)

M/S. SHYAM FILLING STATION, CUTTACK v. M/S RELIANCE INDUSTRIES LIMITED, BHUBANESWAR

WP(C)/8253/2026 · 2026-03-18

B P Routray

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8253 of 2026 . M/s.Shyam Filling Station, Cuttack …. Petitioner Mr. B. Tripathy, Advocate -versus- M/s.Reliance Industries Limited, Bhubaneswar and another …. Opposite Parties Mr. Milan Kanungo, Senior Advocate for O.P. No.1 CORAM: JUSTICE B. P. ROUTRAY ORDER 18.03.2026 Order No. 01. 1. Heard Mr. B. Tripathy, learned counsel for the Petitioner. Mr. Milan Kanungo, learned Senior Advocate enters appearance for Opposite Party No.1. 2. The limited grievance of the Petitioner is for time bound disposal of the proceeding in Execution Case No.222 of 2018 pending before the learned Commercial Court, Cuttack. 3. Mr. Kanungo, leaned Senior Advocate for the Opposite Party No.1 submits that they have filed an application under Section 34 of the Arbitration and Conciliation Act, 1996, which was dismissed for non-prosecution and to restore the same, CMA No.21 of 2025 has been filed before the court. In said CMA though present Petitioner No.1(a) has entered appearance, but Petitioner No.1(b) is avoiding his appearance in order to delay the proceeding and on the other hand, the Petitioners are pressing for Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Mar-2026 16:10:08 Signature Not Verified disposal of the execution proceeding pending the application under Section 34 of the Arbitration and Conciliation Act, 1996. 4. Upon hearing both the parties and taking note of the facts and situation of the case in totality, Mr. Tripathy, learned counsel along with Mr. Abhisek Khandal (Petitioner No.1, who is present in court) accepts notice for Petitioner No.1(b), namely, Akhilesh Khandal in CMA No.21 of 2025 with a view for expeditious disposal of the same. 5. In such facts and circumstances, upon receipt of notice by Abhisek Khandal on behalf of Petitioner No.1(b), the writ petition is disposed of with a direction to the learned Sr. Civil Judge (Commercial Court), Cuttack to dispose of Execution Case No.222 of 2018, in accordance with law, within a period of six months from the date of receipt of a certified copy of this order along with a copy of the writ petition. 6. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge B.K. Barik