M/S. Pashupati Ispat Pvt. Ltd vs Hemant Sharma
2025 Latest Caselaw 4393 Ori

Orissa High Court

M/S. Pashupati Ispat Pvt. Ltd vs Hemant Sharma on 24 February, 2025

Bench: Arindam Sinha, M.S. Sahoo

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CONTC No. 3142 of 2024
                 M/s. Pashupati Ispat Pvt. Ltd.,        ....           Applicant
                 Cuttack

                                                         Represented By Adv. -
                                                        Mr. S.S.Bhuyan, Advocate
                                             -versus-

                 Hemant Sharma, I.A.S. and              .... Alleged contemners
                 another
                                                             Represented By Adv.
                                                        Mr. P. Mohanty, Advocate
                                                               Mr. B. Dash, AGA


                               CORAM:
                 THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                               ACTING CHIEF JUSTICE
                                         AND
                    THE HON'BLE MR. JUSTICE M.S. SAHOO

                                       ORDER

24.02.2025 Order No.

03. 1. Mr. Bhuyan, learned advocate appears on behalf of applicant

and submits, there has been willful and deliberate violation of

direction made in judgment dated 11th April, 2023. Drawing attention

to paragraphs 5 and 6 in the judgment he submits, clear finding is

there, of no penalty as could have been imposed. The judgment has

become final as no appeal was preferred against it by opposite parties

in the writ petition.

// 2 //

2. He submits, Odisha Industrial Development Corporation

(IDCO), was opposite party no.1 in the writ petition. Drawing

attention to order dated 24th July, 2023, purportedly made in

compliance with direction made in said judgment he points out

therefrom, penalty for delay in filing the application was imposed

thereby at ₹59,15,250/-.

3. Mr. Mohanty, learned advocate appears on behalf of alleged

contemners and draws attention to paragraph-6 in affidavit dated 19th

February, 2025 showing cause against notice issued on the contempt.

Paragraph-6 is reproduced below.

"6. That, the averments made in Para-7 to 9 of the Contempt Petition is not admitted. The transfer fee and penalty has been charged as per IDCO norms taking into account the clause-2.3 (i) of the Master Circular No. 15995 dtd. 23.07.2016 which envisages as below:

"In case of transfer arising out of sale by OSFC/IPICOL/Financial Institutions, 1951 and Court decree, the transfer fee shall be 5% of the prevailing land cost. The transferee unit shall apply to the Corporation for transfer within one year of the sale. There will be penalty of 1% of prevailing land cost for each year of delay or part thereof."

// 3 //

As such, no violation of Order dtd. 11.04.2023 has been made by the O.Ps."

(emphasis supplied)

4. Mr. Dash, learned advocate, Additional Government Advocate

appears on behalf of State.

5. It does appear that said judgment dated 11th April, 2023 has

become final and binding on the parties. Explanation given in

paragraph-6 was not contended at the hearing of the writ petition.

Alleged contemners, therefore, cannot urge it as explanation in the

contempt.

6. Peremptory adjournment is granted for alleged contemners to

comply.

7. List on 11th March, 2025.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge

dutta