Subhana Chandra Patra vs State Bank Of India
2023 Latest Caselaw 6672 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-May-2023 18:40:40

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                CMP No. 546 OF 2023
                                               Subhana Chandra Patra                     ....        Petitioner
                                                                                   Ms. Sujata Jena, Advocate
                                                                        -versus-
                                               State Bank of India, Kandhamala            ....      Opp. Party


                                                     CORAM:
                                                     JUSTICE K.R. MOHAPATRA
                                                                      ORDER

                    Order No.                                        19.05.2023
                          01.             1.       This matter is taken up through hybrid mode.

2. The Petitioner in this CMP seeks to assail the order dated 20th April, 2023 passed by learned Civil Judge (Senior Division), Balliguda in E.P. No.8 of 2019 (arising out of C.S. No.152 of 2016) taking action against the Petitioner for non-payment of the decretal amount.

3. It is submitted by Ms. Jena, learned counsel for the Petitioner that pursuant to the judgment dated 10th February, 2018 passed in C.S. No.152 of 2016, the Petitioner is liable to pay Rs.2,05,166/-. Due to non-payment of the said amount, aforesaid execution case was initiated and warrant was issued. Surrendering before learned executing Court, the Petitioner has been released on bail furnishing bail bond to the satisfaction of learned executing Court. Although the Petitioner has already been released on bail, but he apprehends that further warrant may be issued against him for non-payment of the decretal amount.

4. It is submitted by Ms. Jena, learned counsel for the Petitioner that if a breathing time is given, the Petitioner can

Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2023 18:40:40

deposit the entire decretal amount. She submits that two months will be just and reasonable for the Petitioner to pay the decretal amount. She, therefore, prays for a direction to learned Civil Judge (Senior Division), Balliguda to allow two months time to the Petitioner for payment of the decretal amount.

5. Considering the submission made by learned counsel for the Petitioner, this Court is of the considered opinion that when the Petitioner is ready and willing to deposit the entire decretal amount, an opportunity should be given to him.

6. Accordingly, the CMP is disposed of with a direction that on payment of Rs.50,000/- (Rupees fifty thousand only) by 21st June, 2023 and furnishing an undertaking to deposit the rest of the decretal amount within a period of two months thereafter, no coercive action for realization of the decretal amount shall be taken against the Petitioner till end of August, 2023. If the Petitioner does not comply with the aforesaid direction, learned executing Court may proceed with the matter in accordance with law.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms