Union Of India And Anr vs Idcol Cement Ltd
2025 Latest Caselaw 1548 Ori

Orissa High Court

Union Of India And Anr vs Idcol Cement Ltd on 22 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     RSA No. 87 of 2025

            Union of India and Anr.            .....                          Appellants

                                                        Mr. B.B. Mishra Sr. Panel Counsel
                                       -Versus-
            IDCOL Cement Ltd., Bargarh .....                                 Respondent



                                       CORAM:
                      THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                        ORDER

22.07.2025

I.A. No. 186 of 2025

Order No. 1. This matter is taken up through hybrid mode.

02.

2. Deficit Court fee is stated to have already been paid.

3. I.A. is disposed of.

(Sashikanta Mishra) Judge

Order No. 1. This is an application for dispensing with filing of certified

03. copy of decree.

2. Certified copies of the impugned judgment and decree have already been filed.

3. I.A. is disposed of.

(Sashikanta Mishra) Judge

Order No. 1. On request of learned counsel for the appellants, the appeal is

04. taken up for admission.

2. Heard Mr. B.B. Mishra, learned Senior Panel Counsel for Union of India.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"(i) Whether, the finding of the First Appellate Court that there was no concluded contract despite finalization of tender, acceptance of offer and supply of goods by the respondent is correct.

(ii) Whether the courts below were correct in holding the enhanced price as the price of the contract without any material/evidence on record.

(iii) Whether the courts below were justified in awarding damages in the absence of such claim in the notice under Section 80 of CPC.

(iv) Whether the First Appellate Court was correct in awarding damages @ 13% in the absence of any material particulars. .

4. Issue notice to respondent by registered post with A.D., returnable within four weeks. Requisites be filed within a week.

5. Call for the LCR.

4. List this matter in the month of February, 2026.

(Sashikanta Mishra) Judge

Order No. 1. Further proceeding in Execution Case No. 12 of 2001

05. pending before the Court of Civil Judge (Sr. Division), Bargarh shall remain stayed till the next date.

(Sashikanta Mishra) Judge A.K. Rana

Location: HIGH COURT OF ORISSA, CUTTACK

Date: 23-Jul-2025 11:52:50