Authority: High Court of Odisha at Cuttack
Order Date: 31.08.2026
Case Overview
- Parties: State of Odisha & Anr. (Appellant) vs. M/s. B. Engineers & Builders Ltd., Bhubaneswar (Respondent).
- The appellant filed ARBA No.5 of 2026 challenging the judgment dated 08.12.2025 passed by the learned Senior Civil Judge, Commercial Court, Cuttack in ARBP No.06/2020.
- The respondent argued that the appeal should have been filed before the Commercial Appellate Court (Court of the District & Sessions Judge, Cuttack) rather than the High Court.
- The Court extracted relevant portions of the 08.12.2025 judgment, highlighting that under Section 37 of the 1996 Act and Section 13(1) of the 2015 Act, appeals against orders of a Commercial Court below the level of a District Judge must be filed before the Commercial Appellate Court within sixty days.
- The Commercial Appellate Court was constituted on 11.1.2021, and therefore the present appeal was deemed filed in the wrong forum.
Final Outcome
- The High Court, without examining the merits, returned the appeal to enable the appellant to approach the appropriate Commercial Appellate Court.
- The appellant is directed to file an appropriate application challenging the 08.12.2025 judgment, along with a petition for condonation of any delay, before the Commercial Appellate Court (Court of the learned District & Sessions Judge, Cuttack).
- ARBA No.5 of 2026 is disposed of.
Topics: Procedural Jurisdiction, Commercial Court Appeal