Mohanlal Agarwal Vs Ardhendu Sekhar Ratha

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 09-Jan-2025 12:37:20

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO.1247 OF 2024

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Mohanlal Agarwal

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…. Petitioner

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Mr. Soumya Mishra, Advocate

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-versus-

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Ardhendu Sekhar Ratha and others

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…. Opp. Parties

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Mr. Santanu Kumar Sarangi, Senior Advocate being assisted by Mr. Sudipta Kumar Sarangi, Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

08.01.2025

This matter is taken up through hybrid mode.

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Order dated 23^rd 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 11^th February, 2022 has been rejected.

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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 22^nd July, 2005 in Misc. Case No.252 of 2005:

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“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 10^th of each succeeding month before the executing Court. Misc Case is disposed of.

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 09-Jan-2025 12:37:20

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

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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 11^th 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 11^th February, 2022. But the said application was rejected vide order dated 23^rd August, 2024 (Annexure-5). Hence, the Petitioner has filed this CMP assailing the said order.

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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.

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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.

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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.

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(K.R. Mohapatra) Judge

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Rojalin

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Mohanlal Agarwal v. Ardhendu Sekhar Ratha

Case brief

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Mohanlal Agarwal v. Ardhendu Sekhar Ratha

Case brief

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