Orissa Alloys Ltd. vs Secretary
2023 Latest Caselaw 4304 Ori

                                        1



            IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P (C) No.11919 of 2007

Orissa Alloys Ltd., Jajpur            .....                              Petitioner
                                               Ms. Pragyan Mohanty on behalf of
                                                       Mr.S.K. Mishra, Advocate
                                      Vs.
Secretary, Department of              .....                        Opposite Parties
Industries, Bhubaneswar & Ors.                           Mr. R. Sharma, Advocate
                                                                          (O.P.2)


             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE M.S. RAMAN
                                             ORDER

25.04.2023

I.A. No.18385 of 2018

Order No. This matter is taken up through hybrid mode.

2. This application has been filed by the petitioner seeking direction to the opposite parties to refund an amount of Rs.20,00,000/- deposited by the petitioner, pursuant to the order dated 03.10.2007 & 29.10.2007 passed by this Court in W.P.(C) No.11919 of 2007.

3. Heard Ms. Pragyan Mohanty, learned counsel appearing on behalf of Mr. S.K. Mishra, learned counsel for the petitioner.

4. Ms. Pragyan Mohanty, learned counsel appearing on behalf of Mr. S.K. Mishra, learned counsel for the petitioner contended that against the auction notice, the petitioner has approached this Court by filing W.P.(C) No.11919 of 2007 and challenging the arbitrary action of the opposite parties in not considering the One Time Settlement Scheme, he has filed

W.P.(C) No.2080 of 2008. While entertaining the writ petition, this Court passed interim order on 03.10.2007 and 29.10.2007 directing the petitioner to deposit Rs.10 lakhs each, to which the petitioner has complied with and on acceptance of the said amounts, W.P.(C) No.11919 of 2007 and W.P.(C) No.2080 of 2008 were disposed of vide common judgment dated 24.03.2009 after hearing both sides by observing that since the petitioner has applied to avail the facility of One Time Settlement, 2007 Scheme and deposited the money in the Court pursuant to the direction of this Court, the same shall be taken into account towards the initial deposit as required under the OTS 2007 Scheme and the petitioner's application shall be considered by opposite parties no.2 & 3 afresh taking into consideration the deposit made by it. It is contended that against the said common judgment dated 24.03.2009, the opposite party-Corporation preferred SLP, being registered as Civil Appeal No.3295-3296 of 2011, which was allowed vide order dated 11.03.2016 by setting aside the common judgment dated 24.03.2009 passed by this Court in W.P.(C) No.11919 of 2007 and W.P.(C) No.2080 of 2008. Therefore, it is contended that by virtue of interim orders dated 03.10.2007 & 29.10.2007 passed by this Court, the petitioner has already deposited Rs.10 lakh each in total Rs.20 lakhs and direction may be issued to the opposite party- Corporation to refund the said amount along with interest.

5. This interlocutory application was filed on 21.12.2018 after serving a copy thereof on the learned counsel appearing for the opposite party-Corporation. When the matter was listed on 22.03.2022, again learned counsel appearing for the petitioner

served a copy of the I.A. on Mr. R. Sharma, learned counsel appearing for the opposite party-Corporation. Thereafter, the matter was listed on 16.05.2022, 29.06.2022, 28.09.2022 and 05.04.2023, but no step has been taken by the opposite party- Corporation to file objection or counter affidavit to the said I.A. This clearly shows the conduct of the opposite party-Corporation with regard to refund of amount, which has been paid to the opposite party-Corporation by virtue of interim order passed by this Court. Once the main order has been set aside by the apex Court, any gain made by the opposite party-Corporation, pursuant to order of this Court, has merged with the final order.

6. Therefore, this Court is of the considered view that the opposite party-Corporation shall refund Rs.20 lakhs to the petitioner along with interest from the date of receipt, by 02.05.2023. It is further directed that the opposite party- Corporation shall refund the said money by way of Banker's cheque in Court itself, failing which the Managing Director, OSFC shall appear in person to receive the charge of contempt.

7. Put up this matter on 02.05.2023.

                                       (DR. B.R. SARANGI)
                                            JUDGE



Alok                                     (M.S. RAMAN)
                                            JUDGE