Authority: High Court of Odisha at Cuttack
Order Date: 13 August 2026
Case Overview
- Parties: Petitioner M/s Shyam Filling Station, Cuttack (advocated by Mr. Kausik Anand Guru) vs Opposite Party M/s Reliance Industries Limited, Bhubaneswar (advocated by Mr. Milan Kanungo, Sr. Adv., and Mr. R.K. Kanungo, Adv.).
- Petitions Filed:
1. CMP No.1279 of 2026 – seeks quashing of the order dated 07‑07‑2026 passed in CMA No.21 of 2025 and a declaration that the entire proceeding is null and void.
2. CMP No.1070 of 2026 – seeks quashing of the order dated 19‑05‑2026 passed in Execution Case No.222 of 2018 and direction to release/disburse Rs 4.71 crore (plus accrued interest) deposited in a nationalized bank under an arbitral award in favour of Sri Abhisek Khandal and Sri Akhilesh Khandal, legal heirs of the deceased Sri Shyam Sundar Sharma.
- The Court heard counsel for both sides, examined the annexures, and noted the need for a swift resolution.
Final Outcome
- The Court, without expressing any opinion on the merits, directed the learned Senior Civil Judge (Commercial Court), Cuttack, to decide the restoration application in CMA No.21 of 2025 within seven days, including any limitation issue, and to avoid unnecessary adjournments.
- The execution proceeding (Execution Case No.222 of 2018) shall be taken up only after the restoration decision. If the restoration application is rejected, the amount of Rs 4.71 crore (plus interest) shall be released to the decree‑holders within one week of such rejection, subject to verification of the award liability and compliance with law.
- Both CMPs are hereby disposed of. The Court expressly did not opine on the validity or enforceability of the arbitral award, the limitation issue, or the substantive claims of the parties; those matters remain for the lower court to determine.
Topics: Legal Dispute, Arbitral Award Enforcement