Orissa High Court
Union Of India vs Pravakar Maharana And on 9 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33367 of 2023
Union of India .... Petitioner
Mr. P.K. Parhi, DSGI along with
Mr. D. Tripathy, C.G.C.
-versus-
Pravakar Maharana and .... Opposite Parties
another
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 09.10.2023
W.P.(C) No.33367 of 2023 &
I.A. No.16134 of 2023
01. This matter is taken up through hybrid mode.
2. Though the matter is not board, on being mentioned by
the learned Central Government Counsel showing urgency, the
matter is taken up on special notice.
3. Mr. P.K. Parhi, learned D.S.G.I. being assisted by Mr. D.
Tripathy, learned Central Government Counsel draws attention
of this Court to the Execution Petition No.04 of 2004 filed by the
present Opposite Party No.1 before the Court below as at
Annexure-2 and submits, in terms of claim made in Execution
Case No.04 of 2004, the Petitioner/Union of India, who is the
Judgment Debtor (JDR), has already paid Rs.17,27,729/- on
17.08.2020 to the Decree Holder (DHR), which includes
Rs.4,61,200/- claimed in Execution Petition No.04 of 2004 and
interest calculated as per award passed by the Arbitral Tribunal.
He further submits, though the said amount ought to have been
deposited with the Executing Court, instead of doing so, the said
amount was directly transferred to the account of the DHR
through RTGS. Suppressing the said fact, the DHR moved
before the Court below. As a result of which, an order has been
passed on 21.09.2023 by the Senior Civil Judge (Commercial),
Bhubaneswar, directing issuance of warrant to the Branch
Manager, State Bank of India, Priyadrshini Market,
Bhubaneswar to attach the movable property of the Petitioner as
stated in the warrant and return the same on or before 4th
October, 2023.
4. Mr. Parhi submits, before issuing the said warrant, no
opportunity of hearing was accorded to the Petitioner despite
filing objection bringing to the notice of executing Court as to
payment of Rs.17,27,729/- to the DHR through RTGS. Mr.
Parhi further submits, the Opposite Party No.2-Bank is yet to
act in terms of letter dated 05.10.2023 as at Annexure-5.
Accordingly, he prays for issuance of notice to the Opposite
Parties so also stay of operation of the warrant of attachment in
Execution Petition No.04/2004 dated 21.09.2023 as well as
letter dated 05.10.2023 as at annexure-5, issued by the Senior
Civil Judge (Commercial), Bhubaneswar.
5. In view of the submission made by Mr. Parhi, learned
D.S.G.I. and the averments made in the Writ Petition as well as
I.A., issue notice to the Opposite Parties both in the Writ
Petition as well as I.A. by Registered/Speed Post with A.D. fixing
a short returnable date. Requisites for issuance of notice be filed
by 11.10.2023.
6. Accept on set of process fee.
7. As an interim, it is directed that operation of the warrant
of attachment in Execution Petition No.04/2004 dated
21.09.2023 (Annexure-4) as well as letter dated 05.10.2023
(Annexure-5) shall remain stayed till the next date.
8. Hard copy of Writ Petition filed in Court today be kept on
record.
9. Tracking report also be kept on record before the next date of
listing.
10. Matter be listed on 31.10.2023.
11. Urgent certified copy of this Order be granted on proper
application.
12. In addition to the above, parties may act upon the
digitally signed copy of this order available in the website of this
Court.
(S. K. Mishra)
Prasant
Judge
Signature Not Verified
Digitally Signed
Signed by: PRASANT KUMAR PRADHAN
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Oct-2023 19:33:55
