M/S. Mesco Hotels Ltd vs Bijay Kumar Mohapatra And Others
2022 Latest Caselaw 3267 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.17192 Of 2022
                            (Through hybrid mode)

        M/s. Mesco Hotels Ltd.                 ....             Petitioner

                                        Mr. Ashok Panigrahi, Advocate
                                   -versus-

        Bijay Kumar Mohapatra and others ....              Opposite Party




                 CORAM: JUSTICE ARINDAM SINHA
                                   ORDER

Order                             13.07.2022
No.
 1.      1.    Mr. Panigrahi, learned advocate appears on behalf of petitioner

and submits, his client seeks interference with execution proceeding

and order dated 26th April, 2022 directing, inter alia, vacation of the

building on plot no.3915 and to put same to public auction for

realization of dues of decree holder (opposite party no.1). He submits,

opposite party no.2 is judgment debtor. His client and opposite party

no.2 are different entities. Execution of the decree has been directed

against his client's property. His client had applied to be added as

party in the execution proceeding. By impugned order dated 26th

April, 2022 the executing Court said, in case his client is a separate

entity, it may proceed under different procedure to establish right over

the property subject to execution. Immediately thereupon, on 27th

// 2 //

April, 2022 his client had filed application under Order XXI Rule 99,

Code of Civil Procedure.

2. There is no averment in the writ petition, presented on 11th

July, 2022 that the application under Order XXI Rule 99 was moved

before the executing Court. Petitioner is directed to forthwith move

said Court by producing this order.

3. With above observation, the writ petition is disposed of.

(Arindam Sinha) Judge Sks