Kalinga Institute Of Mining vs State Of Odisha And Others
2022 Latest Caselaw 3649 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              WP(C) No.24149 of 2021
                              (Through Hybrid mode)

            Kalinga Institute of Mining             ....            Petitioner
            Engineering and Technology Trust
            (KIMET), Chhendipada

                                   Mr. Budhadev Routray, Senior Advocate

                                         -versus-
            State of Odisha and others              ....     Opposite Parties
                                  Mr. A. K. Sharma, Addl. Govt. Advocate
                       Mr. A. P. Bose, Advocate (in I.A. no.15144 of 2021)
                        Mr. S. S. Rao, Advocate (in I.A. no.12782 of 2021)

                       CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

02.08.2022 Order No.

13. 1. Mr. Routray, learned senior advocate appears on behalf of petitioner. He begins with drawing attention to order dated 8th December, 2021 in demonstrating that satisfaction was rendered on behalf of his client regarding its representation by Founder Trustee-cum-Chairman, Bansidhar Pradhan. Judgment dated 18th November, 2014 in Second Appeal has attained finality since the Special Leave Petition seeking leave to appeal therefrom was dismissed on 6th January, 2015. The bank (opposite party no.4) has refused, failed and neglected to disburse proceeds of the term deposit made by the trust, with its value on accruals, stated by the bank, to be in excess of Rs.3 crores.

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2. He draws attention to paragraph-10 in the counter filed by opposite party no 4 to submit, two reasons have been given for withholding the money. Firstly, original term deposit receipt against the deposit has not been produced by petitioner and secondly, copy of resolution dated 24th September, 2010 seems to be not genuine.

3. None appears on behalf of the bank. Mr. Rao, learned advocate appears on behalf of applicants in I.A. no.12782 of 2021 while Mr. Bose, learned advocate appears on behalf of applicant in I.A. no.15144 of 2021. Mr. Bose submits, his client has also filed a writ petition, which is the sub-item. Mr. Rao submits, his clients have filed a suit.

4. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State. On query from Court he prays for adjournment to inform Court regarding whether or not the TDR was handed over, when concerned Collector relinquished charge as receiver, having been discharged by said judgment. He prays for listing on 11th August, 2022.

5. Petitioner may communicate website copy of this order to the bank.

6. List on 11th August, 2022, immediately after 'old maters'.

(Arindam Sinha) Judge

RKS