[Cites 1, Cited by 0]
Orissa High Court
Trident Properties Pvt. Ltd vs Certificate Officer-Cum- .... ... on 19 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4303 of 2025
Trident Properties Pvt. Ltd., .... Petitioners
BBSR
Mr. L.K. Maharana, Advocate
-versus-
Certificate Officer-cum- .... Opposite Parties
Addl. District Magistrate,
BBSR & ors.
Mr.P.P. Behera, ASC
(for O.P. No.1)
Mr.S.S. Mohanty, Advocate
(for O.P. No.4)
Mr.R. Panigrahy, Advocate
(for O.P. No.5)
Mr. M. Agarwal, Advocate
(for O.P. Nos.6 & 7)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
19.12.2025
Order No.
13. This matter is taken up through hybrid mode.
2. Learned Counsel for the parties are present.
3. This writ petition has been preferred challenging the
order dated 28.01.2025 passed by the Opposite Party No.1
(Certificate Officer in Certificate Case No.42 of 2022) and
the resulting letter dated 28.01.2025 issued to the
Opposite Party Nos.2 to 5, vide which the bank accounts of
the Petitioner were frizzed.
4. The coordinate Bench, while issuing notice in the writ
petition so also I.A., passed a conditional order for
de-frizzing the bank accounts of the Petitioner Company.
Paragraph no.11 of the said order, being relevant, is
reproduced below:-
"11. As an interim measure, the
petitioner may deposit an amount of
Rs.92,37,015/- in the shape of bank
draft before the Registry of this Court
drawn in favour of Registrar (Judicial) of
High Court of Orissa within a period of
seven days from the date of de-freeze of
the account bearing No.731105000094
in the ICICI Bank, Rasulgarh Branch,
Bhubaneswar. It is directed that the
Branch Manager of ICICI Bank,
Rasulgarh Branch shall defreeze the
said account forthwith so as to facilitate
the petitioner to deposit the aforesaid
amount before the Registry of this Court.
In the event of such deposit being made
by the petitioner and evidence thereof
being furnished to the other Banks, the
respective Banks shall take steps to de-
freeze the accounts, the detail of which
is given below:-
SL. Bank Account Number
1. State Bank of India, 31594481492
main Branch,
Bhubaneswar
2. Axis Bank, 911020041150428
Dumduma Branch,
Bhubaneswar
3. HDFC Bank, Main 50200003775791
Branch,
Bhubaneswar
5. Pursuant to the said order, admittedly, an amount of
Rs.92,37,015/- has already been deposited with the
Registry in shape of Demand Draft.
6. During pendency of the writ petition, I.A. No.
11218/2025 for disbursing the certificate amount of Rs.
48,90,965/- in favour of OP No- 06 and I.A. No.
11220/2025 for disbursing the certificate amount of
Rs.43,46,050- in favour of OP No- 07, out of the deposited
amount of Rs.92,37,015/-with the Registry, were moved
by the Learned counsel for the private Opposite Party Nos-
6 and 7. However, such prayers made in the I.A.s were
resisted by the learned Counsel for the Petitioner on the
plea of pendency of MSA Nos.37 of 2025 and 38 of 2025
before this Court, vide which orders passed by the
OREARA were under challenge, the same being the basis
to initiate the certificate proceedings against the Petitioner
Company. Hence, after hearing the learned counsel for the
parties, this Court passed the following order on
17.10.2025:
ORDER
17.10.2025
"These matters are taken up through
hybrid mode.
2. W.P.(C) No.24383 of 2024 has been
preferred with a prayer to direct the
Opposite Party Nos. 1 and 2 to ensure that
no agreement for sale and/or sale deed
executed by the Opposite Party No.4-Trident
Properties Pvt. Ltd. is registered till
subsistence of Certificate Case No.35 of
2022 before the Opposite Party No.3. A
further prayer has been made to direct the
Opposite Party No.3 to execute the
certificate in C.C. Case No.35 of 2022
within a period of six months, in view of the
judgment of the Supreme Court reported in
2021 (6) SCC 418 (Rahul S. Shah Vs.
Jinendra Gandhi). A similar prayer has
also been made inW.P.(C) No.24376 of 2024
regarding Certificate Case No.42 of 2022.
3. So far as W.P. (C) No.4303 of 2025,
which has been preferred by M/s. Trident
Properties Pvt. Ltd., BBSR, who is the
Opposite Party No.4 in the aforesaid two
writ petitions, a prayer has been made to
set aside the order dated 28.01.2025
passed by the Opposite Party No.1 in
Certificate Case No.42 of 2022 so also
consequent letter No.329 dated 28.01.2025
issued to the Opposite Party Nos.2 to 5.
4. Since the issues in all the writ
petitions are pertaining to the alleged dues
recoverable from the Opposite Party No.4,
all the matters have been clubbed together
for analogous hearing.
5. Heard learned Counsel for the
parties.
6. During hearing, Mr. Agarwal, learned
Counsel for the Petitioner submits, the
money deposited with the Registrar
(Judicial) of this Court be released in favour
of the Petitioner.
7. Per Contra, Mr. Maharana, learned
Counsel for the Opposite Party No.4-
Company submits, initiation of both the
certificate proceedings, which are the
subject matters in W.P.(C) No.24383 of 2024
and W.P.(C) No.24376 of 2024, are based
on the orders passed by the Odisha Real
Estate Regulatory Authority so also
confirming orders passed by the Odisha
Real Estate Appellate Tribunal. Being
aggrieved by those orders, the present
Opposite Party No.4 has preferred MSA
No.37 of 2025 so also MSA No.38 of 2025.
Both the said Appeals were heard by the
coordinate Bench and the judgments have
been kept reserved vide order dated
14.08.2025.
8. Mr. Maharana submits, to ensure
the certificate amount in both the
certificate cases, being ordered by the
coordinate Bench vide order dated
11.02.2025 in W.P.(C) No.4303 of 2025,
the present Opposite Party No.4, who is
the Petitioner in the said writ petition,
has already deposited an amount of
Rs.92,37,015/ in shape of demand
draft drawn in the name of the
Registrar (Judicial) of this Court.
Hence, hearing of all the writ petitions
should be deferred till pronouncement
of judgments in MSA No.37 of 2025 so
also MSA No.38 of 2025.
9. Mr. Maharana further submits, while
passing the said interim order dated
11.02.2025 in W.P.(C) No.4303 of 2025, the
coordinate Bench further observed that in
the event such deposit is mad while passing
the said interim order dated 11.02.2025 in
W.P.(C) No.4303 of 2025, the coordinate
Bench further observed that in the event
such deposit is made by the Petitioner
before this Court, the refund/disbursement
of said amount shall be subject to result of
the said writ petition.
10. Mr. Maharana submits, while
preferring the Appeals before the Odisha
Real Estate Appellate Tribunal, equal
amounts were deposited before the
Registrar of the Appellate Tribunal. While
dismissing those Appeals, even though an
observation was made by the Appellate
Tribunal that the statutory amount
deposited with it has to be refunded back to
the Appellant on moving an appropriate
application, in anticipation that the Opposite
Party No.4 may succeed in MSA No.37 of
2025 so also MSA No.38 of 2025, no
applications have been moved till date for
refund of the statutory amount deposited
with the Appellate Tribunal.
11. Mr. Maharana further submits, as
per the instruction received, if both the
said Appeals are decided against the
Opposite Party No.4, who is the
Appellant in MSA No.37 of 2025 and
MSA No.38 of 2025, appropriate order
can be passed by this Court for the
refund/disbursement of said amount
deposited with the Registrar (Judicial)
of this Court.
12. Mr. Maharana further submits, in
view of the observation made by the
coordinate Bench, the prayer for
disbursement of the said amount can
only be considered, subject to the
outcome of MSA No.37 of 2025 so also
MSA No.38 of 2025 and W.P.(C) No.4303
of 2025.
13. In view of such submissions made by
learned Counsel for the parties, this Court is
of the view that hearing of all the writ
petitions should be deferred till disposal of
MSA No.37 of 2025 so also MSA No.38 of
2025.
14. Accordingly, hearing of all the writ
petitions stands adjourned sine die giving
liberty to the parties to move for listing of
the writ petitions after disposal of MSA
No.37 of 2025 so also MSA No.38 of 2025."
(Emphasis supplied)
7. However, in view of the liberty granted vide the said
order dated 17.10.2025, after dismissal of MSA Nos.37 of
2025 and 38 of 2025, on being mentioned by the learned
Counsel for the Opposite Party Nos.6 & 7, the matter was
listed on 12.12.2025. As the learned Counsel for the
Petitioner sought for an adjournment to take instruction,
the following order was passed on 12.12.2025 ;
ORDER
12.12.2025
"These matters are taken up through
hybrid mode
2. Learned Counsel for the parties are
present.
3. The matter has been listed today, on
being mentioned by the learned Counsel for
the Petitioner, in view of the liberty granted
vide order dated 17.10.2025.
4. Learned Counsel for the Petitioner
submits, in the meantime, MSA No.37 of
2025 so also MSA No.38 of 2025, preferred
by the present writ Petitioner, have been
dismissed.
5. Mr. Maharana, learned Counsel for the
Opposite Party No.4, prays for a short
adjournment to take instructions.
6. The matter be listed on 19th December,
2025 along with the connected matters on
board.
7. It is made clear that on 19th
December, 2025 appropriate order will
be passed, If the Counsel for the
Opposite Party No.4 fails to take
instruction by the said date, regarding
release of the amount lying with the
Registry."
(Emphasis supplied)
8. Despite such order, Mr. Maharana, learned Counsel
for the Petitioner prays for further adjournment till 5th
January, 2026 on the ground that he failed to take
instruction, as the concerned officer is allegedly suffering
from stomach upset due to food poisoning.
9. However, in view of previous orders dated 17.10.2025
and dated 12.12.2025, so also the concession made by the
learned counsel for the petitioner before this court
on17.10.2025, this Court is not inclined to grant further
time to take instruction, as prayed for.
10. Since MSA No.37 of 2025 so also MSA No.38 of
2025, preferred by the present writ Petitioner have
been dismissed, thereby confirming the orders passed
by the ORERA in favour of the Opposite Party Nos.6 & 7,
which is the basis to initiate certificate proceedings
against the Petitioner vide C.C.Case No-35 of 2022
and C.C.Case No-42 of 2022, Registry is directed to
release the deposited amount with accrued interest there
on in favour of the Opposite Party Nos.6 & 7 forthwith.
11. Admittedly, the deposited amount of Rs.92,37,015/-
is the total certificate amount in both the Certificate Cases,
i.e., C.C. Case No-35 of 2022 and C.C. Case No-42 of
2022. In C.C. Case No-35 of 2022 the certificate
amount is Rs.43,46,050/, where as in C.C. Case No-42
of 2022 the certificate amount is Rs.48,90,965/.
Hence, the deposited amount with accrued interest
thereon be apportioned amongst the Opposite Party Nos.6
& 7 and released accordingly in their favour.
12. In view of the above, the impugned order passed in
C.C. Case No-42 of 2022 is partly set-aside, so far as
frizzing of bank accounts of the Petitioner. Consequently,
the freezing order no.329 dated 28.01.2025, as at
Annexure-8, is also set aside.
13. Accordingly, the writ petition stands disposed of.
14. It is made clear that disposal of the present writ
petition as well as connected writ petitions on board, i.e.,
W.P.(c) No. 24383 of 2024 and W.P.(c) No 24376 of 2024,
shall not be a debar for the parties to pursue their
remedies, if any, in accordance with law.
15. It is made further clear that, if any further cause of
action subsist in C.C. Case No-35 of 2022 and in C.C.
Case No-42 of 2022, the Certificate Officer may
proceed further in accordance with law.
16. Urgent certified copy of the order be granted on
proper application as per rules.
(S. K. MISHRA)
JUDGE
Banita
Signed by: PRASANT KUMAR PRADHAN
Location: High Court of Orissa, Cuttack.
