IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

$CIVIL APPEAL NO(S).$ $\mathbf{2022}$ (Arising out of Special Leave Petition (C) No(s). 7810/2021)

M/S MSP STEEL AND POWER LTD.

$APPELLANT(S)$

VERSUS

THE MANAGING DIRECTOR ODISHA MINING CORPORATION LTD. & ANR.

$$

ORDER

Leave granted.

The present appeal has been filed questioning the validity of the order dated 01.02.2021 wherein the High Court has declined to examine the issue raised in its jurisdiction under Article 226 of the Constitution and went on the premise that since the appellant is questioning the demand raised in terms of the contract, which has been executed by the parties, relegated the appellant to avail the remedy by filing a civil suit under the order impugned.

After hearing learned counsel for the parties, we are of the view at the High Court was not justified in relegating the appellant to avail the remedy of filing a civil suit under its order dated 01.02.2021.

Consequently, the appeal deserves to be allowed. The order dated 01.02.2021 is hereby set aside. The writ petition (C) No. 27810 of 2020 is restored on the file of the High Court of Orissa with a request to decide the writ petition as expeditiously as possible on its own merits.

Let the parties may record their presence before the Registrar of the High Court on 26.09.2022.

…………………………J. (AJAY RASTOGI)

……….…………………J. (B.V. NAGARATHNA)

NEW DELHI SEPTEMBER 05, 2022.

ITEM NO.5 COURT NO.9 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 7810/2021

(Arising out of impugned final judgment and order dated 01-02-2021 in WP(C) No. 27810/2020 passed by the High Court Of Orissa At Cuttack)

M/S MSP STEEL AND POWER LTD. Petitioner(s)

VERSUS

THE MANAGING DIRECTOR ODISHA MINING CORPORATION LTD. & ANR. Respondent(s)

(FOR ADMISSION and I.R. and IA No.69315/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.69313/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 05-09-2022 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MRS. JUSTICE B.V. NAGARATHNA
• For Petitioner(s) Mr. Ashok Kumar Panda, Adv. Mr. Shashwat Panda, Adv. Ms. Vandana Tiwari, Adv. Mr. Manoranjan P., Adv. Mr. Chanchal Kumar Ganguli, AOR

For Respondent(s)

Mr. Raj Kumar Mehta, AOR

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, stands disposed of accordingly.

(MONIKA DEY) (ASHWANI THAKUR) COURT MASTER (NSH) ASTT. REGISTRAR-cum-PS