Anshuman Samantray vs Punjab National Bank
2021 Latest Caselaw 10953 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.27397 of 2021


            Anshuman Samantray                    ....            Petitioner
                                                            Mr. T. Mishra,
                                                                 Advocate
                                       -versus-

            Punjab National Bank                  ....      Opposite Parties
                                                          Mr. A.K. Biswal,
                                                                 Advocate


                      CORAM:
                      JUSTICE BISWANATH RATH
                                     ORDER

26.10.2021 Order No. W.P.(C) No.27397 of 2021

04. 1. A request is made to delete the consent part of Mr. Biswal, learned counsel for the Opposite Party-Bank recorded in the order dated 13.09.2021 on premises that in spite of objection of Mr. Biswal, learned counsel for the Opposite Party-Bank to the claim of the Petitioner, there is wrong recording of consent of Mr. Biswal, learned counsel for the Bank and in fact there is no consent of the Mr. Biswal, learned counsel for the Bank therein.

2. On perusal of the discussion made in the order dated 13.09.2021, this Court finds, in the later part of the order dated 13.09.2021 there is recording of objection being raised by Mr. Biswal, learned counsel for the Opposite Party-Bank and thus recording of consent of Mr. Biswal, learned counsel remains inadvertent and inappropriate. This Court, therefore, directs, the

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order dated 13.09.2021 may not be treated as has been passed on consent of the Opposite Party.

(Biswanath Rath) Judge

I.A. No.14185 of 2021

1. By the order dated 4.10.2021 this Court considering the request of Mr. Mishra, learned counsel for the Petitioner on the basis of Forensic Audit Report permitted Mr. Biswal, learned counsel for the Opposite Party-Bank to have his response. Today during course of submission Mr. Mishra, learned counsel for the Petitioner in advancing his further submission produced a copy of the judgment to support his case. Mr. Biswal, learned counsel for the Opposite Party, however, submitted that on 21.10.2021 there is already submission of a response of the Bank, which is not on record.

2. List this matter day after tomorrow (28th October, 2021) along with the response of the Bank stated to have been filed in the meantime.

(Biswanath Rath) Judge

A.K. Jena