Biswanath Sahoo & Ors vs Umakanta Sahoo & Ors
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Orissa High Court

Biswanath Sahoo & Ors vs Umakanta Sahoo & Ors on 2 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

      IN THE HIGH COURT OF ORISSA AT CUTTACK
                   MACA No.68 of 2020
Biswanath Sahoo & Ors.         .....   Appellants
                                                  Mr. K.C. Nayak, Advocate
                                   -versus-
Umakanta Sahoo & Ors.                 .....             Respondents
                                                Mr. G.P. Dutta, Advocate
                                                   (Respondent No. 3)
                                                Mr. P.K. Mahali, Advocate
                                                   (Respondent No. 4)

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

02.01.2025 Order No. 10 I.A. No. 2477 of 2024

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. This application has been filed seeking modification of order dtd.08.10.2024.

4. It is contended that this Court while disposing the matter vide order dtd.08.10.2024, a wrong submission was made that the award already passed by the Tribunal has been satisfied by the Respondent-Company. But on verification it is found that the award passed by the Tribunal originally has not yet been satisfied.

4.1. It is accordingly contended that the Respondent-Company be directed to satisfy the award passed by the Tribunal in addition to the further compensation allowed by this Court vide order dtd.08.10.2024.

5. Mr. Mahali, learned counsel appearing for the Respondent- Company does not dispute the contention raised by the learned counsel appearing for the Appellants.

6. Having heard learned counsel appearing for the Parties and considering the submission made, this Court while disposing the I.A., directs the Respondent-Company to deposit the award passed by the Tribunal in addition to the further compensation allowed by this Court vide order dtd.08.10.2024 within a period of eight (8) weeks hence. On such deposit of the amount, the Tribunal shall do well to disburse the same in favour of the Appellants-Claimants proportionately in terms of Judgment dtd.27.08.2018.

6.1. It is however observed that if the Respondent-Company fails to deposit the award passed by the Tribunal and the further compensation allowed by this Court vide order dtd.08.10.2024, the entire award amount shall carry interest @ 7% per annum payable for the period starting from the expiry of the period of eight (8) week till the amount is so deposited.

7. I.A. is disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack