D.M vs Suresh @ Suresh Ku. Patra &
2025 Latest Caselaw 7278 Ori

Orissa High Court

D.M vs Suresh @ Suresh Ku. Patra & on 17 April, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                    MACA No.262 of 2019
D.M., ICICI Lombard G.I. Co.      .....       Appellant
Ltd.                                     Mr. G.P. Dutta, Advocate
                             -versus-
Suresh @ Suresh Ku. Patra &     .....        Respondents
Anr.                                    Mr. B.N. Rath, Advocate
                                                    (Respondent No. 1)

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

17.04.2025 Order No.06

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. Learned counsel appearing for the Claimant-Respondent No. 1 filed a memo in Court. The same be kept in record.

4. Basing on the memo learned counsel appearing for the Claimant- Respondent No. 1 contended that Claimants-Respondent No. 1 does not want the benefit of the award passed by the Tribunal against which the present appeal has been filed by the Appellant-Company.

4.1. It is also contended that the claim application being filed by the Claimant basing on which the award has been passed, be treated as dropped and dismissed.

5. Learned counsel appearing for the Appellant-Company taking into account the memo filed in Court, contended that appropriate order can be passed by this Court.

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while allowing the

appeal with quashing of the impugned judgment, also held the claim case in MACA No. 102/07 of 2015, in the file of learned District Judge-cum-1st MACT, Nayagarh as dropped.

7. Appellant-Company is permitted to take back the statutory deposit along with accrued interest if any from the Registry on proper identification.

8. The appeal accordingly stands disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack