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Orissa High CourtWP(C)/13136/2018dismissed

M/S.Blue Line Hotel And Resort Pvt.Ltd. v. M/S.Hotel Sea Point Ltd.

2022-01-10Mr. Justice Arindam Sinha2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13136 of 2018 (Through hybrid mode) M/S. Blue Line hotel and Resort Pvt. Ltd.

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Petitioner Mr. A.Pal, Advocate -versusM/S. Hotel Sea Point Ltd.

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Opposite Party CORAM: JUSTICE ARINDAM SINHA

ORDER

10.02.2022 I.A. No.876 of 2022 21.

1.

Mr. Pal, learned advocate appears on behalf of applicant, who Order No.

was petitioner in the disposed of writ petition. He draws attention to order dated 10th January, 2022, by which the writ petition was disposed of. He submits, by this application certified copy of order impugned in the writ petition is prayed for being returned upon furnishing true copy thereof for purpose of Court's record. 2.

Text in order dated 10th January, 2022 is reproduced below:- "1. Mr. Pal, learned advocate appears on behalf of petitioner and submits, impugned is order dated 17th May, 2018, passed by Court of Civil Judge (Senior Division), Puri in C.S. no. 462 of 2017 (parties own case) whereby the application made by his client for stay of suit under section 8 in Arbitration and Conciliation Act, 1996, was rejected.

2.

Mr. Routray, learned advocate appears on behalf of opposite party and submits, the writ petition is not maintainable. Firstly, because there is provision for

// 2 // appeal under section 37 and secondly, because his client cannot be called an authority under article 12 of the Constitution of India.

3.

Submissions made on behalf of opposite party carry substance. Petitioner may find remedy in appeal. 4.

The writ petition is dispose of."

3.

Registry is directed to return certified copy of order dated 17th May, 2018 upon obtaining a true copy thereof, to be kept in the file. 4.

The I.A. is disposed of.

(Arindam Sinha) Judge Prasant