Orissa State Civil Supplies vs M/S. Radharani Food Industries
2023 Latest Caselaw 4907 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No.1238 of 2022

            Orissa State Civil Supplies                 ....        Appellant
            Corporation, Bhubaneswar
                                               Mr. S. K. Mishra, Advocate
                                     -versus-
            M/s. Radharani Food Industries,         ....       Respondents
            Jharsuguda and others
                                            Mr. Debakanta Mohanty, AGA

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                           ORDER

02.05.2023 Order No. I. A. No.2293 of 2023

02. 1. For the reasons stated therein, the application is allowed. The delay of 25 days in filing the appeal is condoned.

W.A. No.1238 of 2022

2. Learned counsel for the Appellant points out that both the prayers in the writ petition filed by Respondent No.1 before the learned Single Judge concerned settling the claim of Respondent No.1 against the Proforma Respondent No.4-National Insurance Company Limited pursuant to a Fire Policy. Neither of the prayers was directed against the present Appellant. It is pointed out that even while observing that the claim of Respondent No.1 against Respondent No.4 involved disputed questions of fact, the learned Single Judge has erroneously restrained the present Appellant from

proceeding to recover the amount due to it from Respondent No.1 which flows from the Milling Agreement.

3. Issue notice. Since Mr. Debakanta Mohanty, learned Additional Government Advocate for the State accepts notice for Proforma Respondent Nos.2 and 3, let required number of copies of the appeal memo be served on him within three working days.

4. Notice be issued to Respondent Nos.1 and 4 by registered/speed post with A.D., making it returnable before the next date, requisites for which shall be filed within working days. The tracking report be placed on record before the next date.

5. List on 1st August, 2023.

6. There shall be stay of the impugned judgment of the learned Single Judge dated 28th June, 2022 passed in W.P.(C) No.19523 of 2016 in so far as it concerns the present Appellant till the next date.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge M. Panda

MRUTYUNJ Digitally signed by MRUTYUNJAYA PANDA

AYA PANDA Date: 2023.05.03 10:23:22 +05'30'