Remanded

Braja Kishore Sumanta Pattnaik v. State of Odisha

Orissa HC5 Aug 2024FAO/11/2023

Case brief

AI extract

What is this about?

The High Court of Orissa remanded the appeal to the Designated Court under the OPID Act. The Court held that the lower court failed to consider the Appellant's objection with evidence before granting an order of ad interim attachment against the admitted property owner of the appellant.

What did the court decide?

Matter remanded to the Designated Court, Cuttack, to decide the question on ad interim attachment afresh after hearing both parties.

Braja Kishore Sumanta Pattnaik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.11 of 2023

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Braja Kishore Sumanta Pattnaik

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…. Appellant

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Mr. G.M. Rath, Advocate

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-versus-

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State of Odisha and Others

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…. Respondents

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Mr. B. Bhuyan, Counsel for OPID

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CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

5.8.2024

Order No.

The matter is taken up through hybrid mode.

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Heard Mr. G.M. Rath, learned counsel for the Appellant and Mr. B. Bhuyan, learned State Counsel for OPID.

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Order dated 22^nd August, 2017 passed in I.A. No.6 of 2015 by the Presiding Officer of Designated Court under the OPID Act, Cuttack is impugned in the present appeal.

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Upon hearing both parties and considering the limited grievance of the Appellant that, the learned Designated Court did not consider the case of the Appellant despite the material pleadings along with documents produced by him in his objection application under Section 9(3) of the Odisha Protection of Interest of Depositors (in Financial Establishments) Act, 2011 (in short “the OPID” Act) before the Designated Court, which was eventually allowed by the said court itself in its earlier order dated 17^th October 2016, and the fact that present Appellant is not an accused in the criminal case and he is the admitted owner of the property in question, the matter is remanded

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back to the Designated Court, Cuttack to decide the question on ad interim attachment afresh in respect of the property mentioned at Sl. No.1 of the Schedule of immovable properties as per order dated 12^th August, 2015 of the Government of Odisha in Finance Department.

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It is made clear that both parties are at liberty to raise their respective contentions before the Designated Court and the Designated Court shall grant opportunity of hearing to both the parties and decide the matter in accordance with law, as expeditiously as possible.

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The original documents filed in I.A. No.638 of 2024 may be returned to the Appellant on proper substitution.

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( B.P. Routray)

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Judge

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M.K.Panda

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 05-Aug-2024 17:34:10

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Braja Kishore Sumanta Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Braja Kishore Sumanta Pattnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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