Mr. Sandeep Chandak vs State Of Odisha & Others
2023 Latest Caselaw 6468 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P (C) No.15773 of 2023

Mr. Sandeep Chandak                    .....                                 Petitioner
                                                          Mr. S.S. Mohanty, Advocate
                                       Vs.
State of Odisha & Others               .....                          Opposite Parties

                                                             Mr. P.P. Mohanty, AGA

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

                                              ORDER

18.05.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard.

3. The Petitioner has filed this writ petition seeking following reliefs:-

"It is therefore, humbly and most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the demand raised by the Opp. Parties under notice dated 13.04.2023 as Annexure-15."

4. Mr. S.S. Mohanty, learned counsel appearing for the Petitioner contended that the demand notice dated 13.04.2023 under Annexure-15 cannot be sustained in the eye of law and the same is liable to be quashed. He relied on the judgments in the case of Babamani WSHG vrs. State of Odisha & Others; AIR 2020 Orissa 120, United India Insurance Co. Ltd. Vrs. M.K.J. Corporation; (1996) 6 SCC 428, para-7, Polymat India (P) Ltd. & Another vrs. National Insurance Co. Ltd. & Another; (2005) 9 SCC 174, para-22, 23 & 25 and United India Insurance Co. Ltd. Vrs. Harchand Rai Chandan Lal; (2004) 8 SCC 644, para-9, 12, 13 & 14.

5. Issue notice. Mr. P.P. Mohanty, learned Addl. Govt. Advocates accepts notice on behalf of the Opposite Parties. Three extra copies of the writ petition be served on him in order to enable him to take instruction and file counter affidavit.

6. List this matter connecting with W.P.(C) No.15588 of 2023 after ensuing Summer Vacation.

I.A. No. 7217of 2023

7. Without prejudice to the rights and contentions of the parties, as an interim measure, it is directed that subject to deposit of 25% of the revised demand dtd.13.04.2023 by the Petitioner, by 31.05.2023, the demand so raised under Annexure-15 shall remain stayed till 27.06.2023.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE Laxmikant

Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: JUNIOR STENO Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-May-2023 18:24:21