M/S. Maa Tarani Estcon vs State Of Odisha (Opid)
2023 Latest Caselaw 382 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                         CRLA No.1088 of 2022

              M/S. Maa Tarani Estcon      .... Appellant/
              Pvt. Ltd., Bhubaneswar         Petitioner
                              Ms. Deepali Mohapatra,
                              Advocate
                                 -versus-

              State of Odisha (OPID)           ....   Respondent/
                                                    Opp.Party

                                 Mr.Anil Kumar Nayak,
                                 Special Counsel (OPID)
                                CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No. 10.01.2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Ms. Deepali Mohapatra, learned counsel for the appellant and Mr. Anil Kumar Nayak, learned Special Counsel appearing for the State of Odisha in OPID Act matters.

Mr. Anil Kumar Nayak, learned Special Counsel appearing for the State of Odisha in OPID Act matters pointed out that the judgment dated 23.12.2022 pronounced by a Coordinate Bench of this Court in CRLA No.574 of 2017 and other connected appeals, in which while adjudicating a preliminary issue as to whether a criminal appeal or civil appeal would lie against an order of attachment passed by the // 2 //

Designated Court in exercising the power under section 9 of the OPID Act, this Court has been pleased to hold that appeal filed against the order passed by the Designated Court under section 9 of the OPID Act as per section 13 of the said Act has to be treated as "Civil Appeal" filed under the provisions of the Order 43 Ruls (1)(q) of CPC and hence, has to be designated as such and not as Criminal Appeal.

Let the registry re-register the CRLA as Civil Appeal and place it before the assigned Bench.

( S.K. Sahoo) Judge