Case Law Details
State of Odisha Vs Nayagarh Sugar Complex Ltd (Orissa High Court)
The agreement provides for exclusion of representations and There are recitals in connection with or in relation to representations or warranties in mentioning Government of Odisha as substantial share holder in the seller and having had acted through Registrar of Cooperative Societies. Department of Public Enterprises in the Government of Odisha has also been mentioned. Court has not made further scrutiny of the agreement but is convinced that in event there is a breach of any of the clauses therein regarding involvement or exclusion of Government of Odisha, the allegation of breach must be adjudicated upon in the reference since it has been made a party thereto.
In circumstances aforesaid the writ petition does not reveal rarest of rare case requiring intervention by judicial review in a pending arbitration reference. Accordingly, the Court dismissed the writ petition.
FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT
1. Mr. Palit, learned senior advocate appears on behalf of petitioner and submits, impugned is order dated 7th February, 2020, whereby, inter alia, his client’s application for deleting it as party in the arbitration reference, was disposed of by the arbitrator on deferring the adjudication. His client, before seeking admission of the writ petition by direction of issuance of notice, had filed application for amendment to include in the challenge, orders dated 7th February, 2019 and 20th April, 2022 passed by the arbitral tribunal.
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