- (1.) LEAVE granted. Heard.
(2.) THE appellant entrusted the construction of Earth Dam of Kuanaria Irrigation Project (balance work) to the respondent. The contract was entered at Puri. The work was executed in Puri District. Certain disputes arose and they were referred to arbitration. The Arbitrator made an Award dated 7.3.2003 for Rs.34.81 lakhs and interest. The appellant filed an application under Section 34 of the Arbitration & Conciliation Act, 1996, ('Act' for short) on 25.6.2003 in the Court of District Judge, Khurda at Bhubaneswar. Learned District Judge, by order dated 21.6.2004, held that the Court at Khurda District did not have jurisdiction and directed the return of the application to the appellant for being presented to proper Court. The appellant filed an appeal against the said order dated 21.6.2004.
(3.) IN the meanwhile, the respondent had levied execution in respect of the award. In the said execution proceedings, the executing Court made an order dated 3.4.2004 directing the appellant to deposit the award amount and permitted the respondent to withdraw the amount by furnishing security. That order was also challenged by the appellant by filing an appeal.;