Simanchal Mishra Vs Manjulata Mishra

CRLMC No.382 of 2019

08.04.2019

Heard, the learned counsel for the petitioner and the learned counsel for the State.

This application under Section 482 of Cr.P.C. has been filed by the petitioner with a prayer to set-aside the order dated 11.01.2019 passed by the learned SDJM, Berhampur in M.C. No.227 of 2018 corresponding to M.C. No.367 of 2016 pending in the court of learned JMFC, Berhampur issuing NBW/DW against the petitioner for realization of the interim monetary relief granted under Section 23 of PWDV Act in a proceeding under Section 12 of the said Act.

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It appears that an appeal filed against the said order under Section 23 of PWDV Act before the learned Sessions Judge, Ganjam has since been dismissed. The interim order as such has reached its finality. To levy execution of the said order, the NBW/DW has been issued against the petitioner as the petitioner did not cooperate in the proceeding.

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Hence, considering the facts and submissions made though this Court is not inclined to interfere with the order issuing NBW/DW against the petitioner but, it is directed that if the petitioner deposits an amount of Rs.20,000/- (Rupees twenty thousand) in the court below in the shape of an account-payee Bank Draft drawn in the name of Opposite Party within a period of four weeks, which on deposit, shall be handed over to the opposite party, the petitioner shall be given a chance to have his

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say in the execution proceeding, so also the petition under Section 12 of the PWDV Act.

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With the aforesaid order, this CRLMC stands disposed of.

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Urgent certified copy of this order be granted on proper application.

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S.Pujahari, J.

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RKS

Simanchal Mishra v. Manjulata Mishra

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Simanchal Mishra v. Manjulata Mishra

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