M/S. Eastgern Metal and Ferro Alloys Ltd. Vs Pj Minerals International Pvt. Ltd.

Signature Not Verified

Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-May-2025 14:58:25

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IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET NO.141 OF 2024

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M/s. Eastern Metal And Ferro Alloys …. Petitioner Limited

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Mr. Samir Kumar Mishra, Senior Advocate being assisted by Mr. S. Behera, Advocate

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-versus-

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PJ Minerals International Private …. Opp. Parties Limited, and others

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Mr. Swayambhu Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.05.2025

03. IA No.223 OF 2024

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This matter is taken up through hybrid mode.

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This is an application for condonation delay of eight days in filing the RVWPET.

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Notice has not yet been issued in this IA to the Writ Petitioner. However, vide order dated 18^th September, 2024, this Court directed to serve a copy of the IA on learned counsel, who was appearing for the Petitioner in the writ petition.

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Mr. Mishra, learned Senior Advocate submits that though copy of the IA was offered, but, learned counsel appearing for the Writ Petitioner refused to receive the same.

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Taking note of the developments in the meantime, this Court feels that issuance of notice to the Opposite Parties for condonation of delay will further delay the matter.

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-May-2025 14:58:25

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In view of the above, delay in filing the RVWPET is condoned.

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The IA is accordingly disposed of.

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(K.R. Mohapatra) Judge

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04. RVWPET No.141 of 2024

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This RVWPET has been filed for review of the order dated 20^th May, 2024 by which, W.P.(C). No.12905 of 2024 was disposed of on merit with a direction that in the event, the Writ Petitioner, namely, PJ Minerals International Pvt. Ltd. moves the Registering Authority i.e., Sub-Registrar, Dharmasala to enter the Sale Certificate issued in its favour in Book No.1, the same shall be considered as expeditiously as possible preferably within a period of two weeks from the date of production of Sale Certificate in original along with certified copy of the said order. Accordingly, the Writ Petitioner moved the Sub-Registrar, Dharmasala for entering the Sale Certificate in Book No.1.

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IA No.223 of 2024 filed for condonation of delay in filing the RVWPET was taken up for consideration on 4^th April, 2025. On the said date, learned State Counsel, on instruction, informed the Court that order dated 20^th May, 2024 passed in W.P.(C). No.12905 of 2024 had already been acted upon. Learned State Counsel, however, prayed for an adjournment to put the same in the shape of an affidavit. Accordingly, affidavit at Flag-B has been filed by the Sub-Registrar, Dharmasala in the district of Jajpur stating that pursuant to the direction of this Court in W.P.(C).

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-May-2025 14:58:25

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No.12905 of 2024, the Sale Certificate issued by the Authorized Officer, ASREC (India) Limited has already been entered in Book No.1 vide Application ID No.2408188001 dated 28^th May, 2024 and endorsement made thereon on 13^th May, 2024. The said Entry No.1 has already been communicated to the Authorized Officer, ASREC (India) Limited vide Letter No.643 dated 18^th June, 2024.

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In view of the subsequent development, Mr. Mishra, learned Senior Advocate appearing for the Review Petitioner submits that the Review Petitioner may challenge the entry of Sale Certificate in Book No.1. Hence, he submits that he may be permitted to withdraw the RVWPET to file appropriate writ petition challenging the grounds taken in the Review Petition as well as action of entry of Sale Certificate in Book No.1.

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Mr. Mishra, learned Additional Standing Counsel, however, submits that the Petitioner, if so advised, may challenge subsequent action of entry of Sale Certificate in Book No.1, but the order passed in the writ petition is no more available to be challenged, as it has already been acted upon.

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This Court, without expressing any opinion on the merits of the submission made by learned counsel for the parties, disposes of the RVWPET with an observation that the Review Petitioner, if so advised, may bring fresh proceeding against action of the Opposite Parties, by which it feels aggrieved.

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

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Rojalin

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M/S. Eastgern Metal and Ferro Alloys Ltd. v. Pj Minerals International Pvt. Ltd.

Case brief

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M/S. Eastgern Metal and Ferro Alloys Ltd. v. Pj Minerals International Pvt. Ltd.

Case brief

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What did the court decide?

Why is it important?

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Coram

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