M/S. Sms Asia vs M/S.Trl Krosaki
2025 Latest Caselaw 5819 Ori

Orissa High Court

M/S. Sms Asia vs M/S.Trl Krosaki on 27 May, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMC No.1835 of 2025
             1.M/s. SMS Asia
             Private Limited
             2.Sarat Chandra
             Chowdhary                    ....        Petitioners
                                     Mr. L. Pangari, Sr. Advocate
                                         Ms. S. Biswal, Advocate

                                    -versus-

             M/s.TRL KROSAKI
             REFRACTORIES
             LIMTIED                      ....     Opposite Party

                                      Mr. S.P. Sarangi, Advocate

                          CORAM: JUSTICE V. NARASINGH

                                 ORDER

27.05.2025 Order No.

01. 1. On instruction, Mr. Sarangi, learned counsel submits that in the meanwhile defect as pointed out by the Registry has been addressed and Vakalatanama has been filed.

2. Registry is called upon to trace and tag the same with the record.

3. Mr. Pangari, learned Senior Advocate being instructed by Ms.Biswal submits that the matter merits adjudication in view of the latest judgment of the Apex Court in the case of Muskan Enterprises

and another vrs. State of Punjab and another, reported in 2024 SCC OnLine SC 4107.

4. It is further submitted that on a bare perusal of the said judgment in which judgment of the Apex Court in the case of Jamboo Bhandari vrs. Madhya Pradesh State Industrial Development Corporation Limtied and others, reported in (2023) 10 SCC 446 has been held to have the correct position of law, it cannot be said that the prescription to deposit in terms of Section 148-A of the N.I Act is mandatory, as has been held by the learned trial court.

5. Learned counsel for the Opposite Party seeks an adjournment to respond to such submission.

6. On the consent of the parties, list this matter on 10.07.2025.

(V. Narasingh) Vacation Judge

1. As an interim measure it is directed that there shall be stay operation of the order dated 18.03.2025 passed by the learned Sessions Judge, Jharsuguda in Criminal Appeal No.48 of 2025 till the next date.

2. It shall be open for the learned counsels for the parties to seek specific instruction from their respective clients as to whether the matter can be

settled through ADR by way of mediation by the next date.

3. It is made clear that there is no embargo for the learned appellate court to dispose of the appeal on merits rather an endeavour should be made for such disposal since learned counsels appearing for both sides have assured to cooperate.

(V. Narasingh) Vacation Judge

PKS

Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 27-May-2025 20:51:08