M/S. Kalinga Industrial ... vs M/S. Itw Signode India Limited
2022 Latest Caselaw 1762 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   C.M.P. No.200 of 2022

            M/s. Kalinga Industrial Fasterners      ....           Petitioners
            (Pvt.) Ltd.
                                                           Mr. M.K. Mishra,
                                                               Sr. Advocate

                                         -versus-

            M/s. ITW Signode India Limited          ....     Opposite Party(s)


                      CORAM:
                      JUSTICE BISWANATH RATH


                                        ORDER

10.03.2022 Order No.

01. 1. It is argued that involving the judgment and decree there is not only pendency of a First Appeal bearing CCCAMP No.368 of 2008, but undisputedly there is also continuance of the stay of judgment and decree involved herein. It is, in the circumstance, bringing to the notice of this Court the direction of the Hon'ble apex Court in Asian Resurfacing of Road Agency Private Ltd. And Anr. Vs. Central Bureau of Investigation reported in (2018) 16 SCC 299, it has been argued that even though the decision of the Hon'ble apex Court is not applicable to the appeal proceedings or to the Execution Proceeding, there is wrong application of above judgment to the case at hand.

// 2 //

2. This Court prima facie satisfied with the submission of Mr. Mishra, learned Sr. Adv., directs for issuing notice on the question of admission.

3. Notice be issued to the Opposite Party by way of Speed Post with A.D. or Registrar Post with A.D. fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days hence.

(Biswanath Rath) Judge

02. I.A. No.231 of 2022

1. Issue notice as above.

2. Accept one set of process fee.

3. As an interim measure, it is directed that operation of the impugned order dated 10.02.2022 under Annexure-3 shall remain stayed and further proceeding in Execution Case No.24 of 2006 pending before the Court of learned Civil Judge (Sr. Divn.), Rourkela shall remain stayed till the next date of listing of this matter.

(Biswanath Rath) Judge

A.K. Jena