Orissa High Court
Mohanlal Agarwal vs Ardhendu Sekhar Ratha And Others .... ... on 8 January, 2025
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 09-Jan-2025 12:37:20
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO.1247 OF 2024
Mohanlal Agarwal .... Petitioner
Mr. Soumya Mishra, Advocate
h
-versus-
Ardhendu Sekhar Ratha and others .... Opp. Parties
Mr. Santanu Kumar Sarangi, Senior Advocate
being assisted by Mr. Sudipta Kumar Sarangi, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 08.01.2025
02. 1. This matter is taken up through hybrid mode.
2. Order dated 23rd August, 2024 (Annexure-5) passed by
learned Civil Judge, (Senior Division), Rourkela in Execution
Case No.18 of 2005 is under challenge in this CMP, whereby an
application to recall order dated 11th February, 2022 has been
rejected.
3. Mr. Mishra, learned counsel for the Petitioner submits that
assailing the judgment and decree passed in Money Suit
No.45/141 of 2000-03 passed by learned Adhoc Additional
District Judge, Rourkela, the Petitioner has preferred RFA No.90
of 2005, which is pending before this Court. During pendency of
the Appeal, this Court passed the following order on 22nd July,
2005 in Misc. Case No.252 of 2005:
"Further proceedings in Execution Case No.18 of 2005
pending in the Court of learned Civil Judge (Senior
Division), Rourkela shall remain stayed subject to the
condition that the appellant shall deposit the decretal
amount in the form of fixed deposit and the fixed deposit
receipts shall be kept in the Execution case, and shall be
renewed from time to time. It is further directed that without
prejudice to the rights of the parties, current rent shall be
deposited every month by 10th of each succeeding month
before the executing Court.
Misc Case is disposed of.
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 09-Jan-2025 12:37:20
Urgent certified copy of this order be granted on proper
application. ."
4. Applying the ratio in the case of Asian Resurfacing of
Road Agency Vrs. Central Bureau of Investigation reported in
(2018) 16 SCC 299, learned Executing Court vacated the interim
order passed by this Court as aforesaid vide its order dated 11th
February, 2022 and proceeded with Execution Case No.18 of
2005. In the meantime, the ratio of Asian Resurfacing of Road
Agency (supra) has been overruled by Hon'ble Supreme Court.
Hence, the Petitioner filed an application before learned Executing
Court to recall the order dated 11th February, 2022. But the said
application was rejected vide order dated 23rd August, 2024
(Annexure-5). Hence, the Petitioner has filed this CMP assailing
the said order.
5. Mr. Sarangi, learned Senior Advocate appearing for the
Opposite Party-DHr submits that the Petitioner may renew his
prayer to continue the order of stay passed by this Court in RFA
No.90 of 2005 by filing appropriate application in the said appeal.
Hence, this CMP should not be entertained.
6. At this stage, Mr. Mishra, learned counsel for the Petitioner
prays for withdrawal of this CMP seeking liberty to move
appropriate application in RFA No.90 of 2005 pending before this
Court.
7. Hence, without expressing any opinion on the merits of the
case of the Petitioner, this Court granting liberty as aforesaid,
disposes of this CMP as withdrawn.
(K.R. Mohapatra)
Rojalin Judge
