Pranab Kishore Bharati Goswamy vs Bijaya Kumar Tripathy And Others
2021 Latest Caselaw 12812 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CMP NO. 666 OF 2021
                       Pranab Kishore Bharati Goswamy       ....       Petitioner
                                                    Mr. Shib Shankar Mohanty,
                                                                    Advocate
                                               -versus-
                       Bijaya Kumar Tripathy and others        ....    Opp. Parties


                            CORAM:
                            JUSTICE K.R. MOHAPATRA
                                            ORDER

      Order No.                            13.12.2021

         3.       1.      This matter is taken up through hybrid mode.

2. This CMP has been filed assailing the judgment and decree dated 13th November, 1965 and 25th November, 1965 passed by learned Civil Judge (Junior Division), Bhubaneswar respectively in O.S. No. 89 of 1965.

3. Mr. Mohanty, learned counsel submits that the case of the Petitioner is squarely covered by the ratio decided in the case of Assistance Commissioner of State Tax -v- Commercial Steel Limited, reported in AIR 1977 SC 1718.

4. Since the Petitioner has a remedy under Order XLI Rule 1 C.P.C., I am not inclined to entertain the CMP, which is accordingly dismissed.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks