Orissa High Court
Jindal India And Thermal Power Ltd vs Quartz Infra And Engineering Pvt. Ltd on 6 August, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARBA No.4 OF 2021
Jindal India and Thermal Power Ltd. .... Appellant
Mr. S.P. Mishra, Senior Advocate
along with Mr. Siku Mukhopadhyay, Advocate
-versus-
Quartz Infra and Engineering Pvt. Ltd. .... Respondent
Mr. Sushanta Kumar Dash, Advocate
along with Mr. Swayamjit Rout, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 06.08.2021 02. 1. This matter is taken up through hybrid mode.
2. Consent memo filed by Mr. Susanta Kumar Dash, learned counsel for the Respondent is accepted and taken on record.
3. Heard.
4. Issue notice.
5. Since the Respondent has already entered appearance through Caveat and has been served with the copy of the appeal memo along with the interim application, no requisites for issuance of notice need be filed.
6. Put up this matter on 27th September, 2021. In the meantime, L.C.R. be called for.
(K.R.Mohapatra)
Judge
I.A. No. of 2021
03 1. This interim application is filed in Court today with a prayer for stay operation of the order dated 5th August, 2021 Page 1 of 3 // 2 // (Annexure-5) passed by learned District Judge, Angul in Execution Case No.158 of 2017, which reads as under:
"As a necessary corollary, the Branch Manager, Punjab National Bank large customer Branch, Tolstoy Marg, Tolstoy House, New Delhi - 110001, Branch Manager, S.B.I. Telesingha, NTPC Campus, Deepsikha, Angul-759147 & Branch Manager, UCO Bank, Kaniha, Angul-759117 are directed not to allow the JDr. to withdraw money from its A/c. No. 2164002100006732 with IFSC Code-PUNB0216400, A/c. No.31130704123 with IFSC Code- SBIN0006257 and A/C. No.090902100000151 with IFSC Code UCBA0000909 of the respective Banks.
Send extract of the copy of this order to the Branch Manager of the respective banks for immediate compliance."
2. The I.A. be registered as such.
3. Upon hearing learned counsel for the parties, it is directed that operation of order dated 5th August, 2021 passed in Execution Case No.158 of 2017 shall remain stayed till the next date, subject to the Petitioner/Appellant depositing an amount of Rs.7.5 crore (Rupees seven crore and fifty lakh only) in shape of Bank Draft to be drawn in favour of Registrar (Judicial) of this Court within a period of seven days. On such deposit being made, the same shall be kept in fixed deposit in any Nationalized Bank, which shall be renewed from time to time until further orders.
Issue urgent certified copy of the order on proper application.
(K.R.Mohapatra) Judge Page 2 of 3 // 3 // I.A. No. 09 of 2021
04. 1. Mr. Dash, learned counsel for the Respondent-Opposite Party prays for two weeks' time to file objection to the I.A.
2. Since Mr. Dash, learned counsel for the Respondent/Opposite Party undertakes not to press for further proceedings in Execution Case No.158 of 2017 in the meantime, the I.A. shall be taken up on the date fixed.
(K.R.Mohapatra) Judge bct Page 3 of 3