Kalinga Institute Of Mining vs Unknown
2023 Latest Caselaw 2136 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CONTC No.185 of 2023
                            (Through hybrid mode)

        Kalinga Institute of Mining             ....           Applicant
        Engineering and Technology
        (KIMET), Khurda
                                             Mr. A.P. Bose, Advocate
                                         Mr. Bikash Mishra, Advocate

                                   -versus-

        Samar Ballava Panda, Branch             ....             Alleged
        Manager, State Bank of India,                       Contemner
        Angul
                                              Mr. A.K. Mishra, Advocate


                  CORAM: JUSTICE ARINDAM SINHA
                                  ORDER

Order                            14.03.2023
No.
  3.    1.      Mr. Bose, learned advocate appears on behalf of applicant, who

has alleged non-compliance of directions made in interim order dated 27th September, 2022. He submits, alleged contemner, in discharging duty in the office has committed contempt by wilful and deliberate violation of directions made in said order. The direction paragraph-3 from said order is reproduced below.

"3. Petitioner or its duly authorised representative in that behalf will approach the bank and communicate this order along with application for issuance indemnity bond format. The bank is directed to furnish the format on compliance with requisites.

// 2 //

Mr. Bose submits, office of alleged contemner alleged compliance saying that the format was sent.

2. He submits, his client had effected change of address by resolution dated 8th October, 2017. Extract from the minutes of meeting of the Trust held that day, regarding change of address, has been disclosed in the application. The resolution is reproduced below.

"RESOLVED THAT as per clause - 20 of the 'Bye Law' it has been unanimously decided by the trust Board that the office of trust shall be established and function at Sushree Bhawan, Plot No.164/5820, At-Chakeisihani, Po- Rasulgarh, Bhubaneswar, Pin-751010 in one room on monthly rent of Rs.3000/- which shall be convenient for making liaison before Govt. & Semi Govt. officials in order to fulfill the very object of the Trust. The said office functioned w.e.f.01.10.2017."

He demonstrates from following disclosures in his client's reply to the show cause that thereafter, office of alleged contemner had addressed, inter alia, letters dated 25th and 31st October, 2017 to the changed address. Hence, purporting to comply with directions in said interim order by sending the format to erstwhile office of the Trust is wilful and deliberate violation.

3. On query from Court Mr. Bose submits, the writ was since disposed of by judgment dated 7th February, 2023.

// 3 //

4. Mr. Mishra, learned advocate appears on behalf of alleged contemner. He submits, account holder is the institute but change of address has been asserted of the Trust.

5. Paragraph-12 from said judgment dated 7th February, 2023 is reproduced below.

"12. Petitioner will apply to the bank on its requirement in respect of its saving bank account no.30406862960. The requisition must be made in name of recorded customer, in respect of the account, being Founder Trustee-cum-Chairman, obviously of the Trust. On the requisition made, the requisition likely to be those already informed by said letter dated 12th April, 2022, the bank is required to act thereupon. Present confusion regarding the institute and the Trust stands eliminated by this adjudication and the bank will confine its attention to the requisition made by the account holder. Court is on notice that original FDRs are not available and the requisitions may include requirement for issuance of indemnity, for issuance of duplicate FDRs.

(emphasis supplied)

Directions in the interim order made earlier was made upon the bank to furnish the format on compliance with requisites. Alleged contemner says that the format was duly furnished to the account holder.

// 4 //

6. The institute is the account holder. Applicant says there was change of address of the Trust. The bank was aware of the change of address was sought to be demonstrated by reliance upon aforesaid and other letters issued after resolution dated 8th October, 2017, at the changed address. Apart from aforesaid letters dated 25th and 31st October, 2017 sent by the bank to the new address, there are two other letters also disclosed being dated 20th November, 2017 and 30th September, 2022, sent by it to the new address. Perused contents of the four letters. There is no acknowledgment therein by the bank of the addressee being account holder.

7. The compliance is accepted. The proceeding is dropped and the application, disposed of.

(Arindam Sinha) Judge Sks