The M.D. (Osfc) vs Prasanta Kumar Maharana &
2023 Latest Caselaw 13516 Ori

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 W.P.(C) No.34875 of 2023

                                  The M.D. (OSFC), Cuttack &           ....      Petitioner(s)
                                  Anr.
                                                                Mr. Bijaya Kumar Dash, Adv.
                                                                Mr. Smruti Ranjan Dash, Adv.
                                                           -versus-
                                  Prasanta Kumar Maharana &            .... Opposite Party(s)
                                  Anr.


                                           CORAM:
                                           DR. JUSTICE S.K. PANIGRAHI
                                                           ORDER

Order 01.11.2023 No.

01. 1. This matter is taken up through hybrid

arrangement.

2. In filing this Writ Petition, the Petitioner has

challenged the judgment and award dated 25.01.2022

passed by the learned Permanent Lok Adalat, Angul

(PUS), Angul in PLA Case No.25/58 of 2020/2019,

wherein the learned Permanent Lok Adalat has passed an

order directing the Petitioner No.1 to refund a sum of

Rs.4,19,000/- with 9% interest per annum within a period

of one month.

3. The case boils down to the fact that the auction Signature Not Verified Digitally Signed process took place on 17.01.2007 and accordingly, the Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

Date: 02-Nov-2023 17:55:38 P.T.O // 2 //

auction purchaser deposited the amount before the

Branch Manager, Odisha State Financial Corporation/

Opposite Party No.2. Accordingly, money receipt was

issued to the Opposite Party No.1/the auction purchaser.

It is a sorry state of affair that an auction purchaser has

been waiting since 15 years to get back the auctioned

items.

4. It appears, considering all these facts, learned

Permanent Lok Adalat has passed the impugned award.

5. At this juncture, learned counsel for the Petitioner

submits that the auction purchaser had already taken

80% of the auctioned Nuts and Bolts and the remaining

20% could not be handed over due to difficulties

occurred in removal of the machineries. Hence, it took

such a long time.

5. He further submits that because of some

hindrances created by the loanee, things did not go

smoothly. Hence, delay in release of remaining 20% of

the auctioned things is unwarranted and unintentional.

6. In such view of the matter, let notice be issued to

the Opposite Party No.1 by Regd. Post with A.D./Speed

Post making it returnable by 20th November, 2023.

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

// 3 //

Requisites shall be filed within three working days from

today.

7. List this matter on 21st November, 2023.

I.A. No.16890 of 2023

1. Heard.

2. Issue notice as above.

3. Accept one set of process fee.

1. As an interim measure, it is directed that operation of

the judgment / award dated 25.01.2022 passed by the

learned Permanent Lok Adalat, Angul (PUS) Angul in

P.L.A. Case No.25/58 of 2020/2019 shall remain stayed

till the next date of listing of this matter.

(Dr. S.K. Panigrahi) Judge Ayaskanta

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa