Shantanu Kumar Sahu & Another vs State Of Odisha & Others
2023 Latest Caselaw 4921 Ori

                                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      W.A. No.434 of 2022

                          Shantanu Kumar Sahu & another                ....          Appellants
                                                                     Mr. R.K.Rout, Advocate
                                                        -versus-
                          State of Odisha & others               ....       Respondents
                                                  Mr. Debakanta Mohanty, AGA for State

                                      CORAM:
                                      THE CHIEF JUSTICE
                                      JUSTICE G.SATAPATHY

                                                         ORDER

02.05.2023 Order No.

01. W.A. No. 434 of 2022 & I.A. No. 1098 of 2022

1. Learned Counsel for the Appellants refers to a judgment dated 26th April, 2011 passed by the Civil Judge (Senior Division), Phulbani in C.S. No. 14 of 2008. While dismissing the Appellants' aforementioned suit for declaration, permanent injunction and rendition of accounts of the partnership firm M/s. Sradhanjali Talkies, the trial Court is stated to have given a finding on issue No.3 in the suit that the said entity was in fact a partnership firm of which the present Appellants and Respondent No.3 were partners. He accordingly submits that the learned Single Judge was in error in observing that there was no document to show the existence of a partnership firm.

2. Issue notice. Since Mr. Debakanta Mohanty, learned Additional KISHOR Digitally signed E by KISHORE KUMAR SAHOO Government Advocate for the State accepts notice for Respondents KUMAR Date:

2023.05.03 1 and 2, let required number of copies of the writ appeal be served 09:15:41 +05'30' SAHOO on him within three working days. Notice be issued to Respondent

No.3 by Speed Post/Registered Post with A.D., making it returnable before the next date. Requisites be filed within three working days. Accept one set of process fee. The tracking report be placed on record before the next date.

3. List on 2nd August, 2023.

(Dr. S. Muralidhar) Chief Justice

(G.Satapathy) Judge Kishore