Misc. Case No. 524 of 2000 · Orissa High Court
Case at a glance
Key paragraphs
- Para 44. In view of the facts detailed above, the Writ Petition, being not maintainable, stands dismissed.
Judgment
Mr. S. N. Biswal, Advocate State of Odisha & ors. …. Opposite Parties -versus- Mr. T.K. Biswal, AGA CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 30.07.2024 Order No. 02. This matter is taken up through hybrid mode.
The writ petition has been preferred with the following prayer:- PRAYER Lordships The petitioner therefore prays that graciously pleased to admit this writ application, call records and after hearing the parties, issue a writ / writs in the nature of certiorari / mandamus or any other appropriate writ be issued directing the O.P. No.4/ Tel Irrigation Sonepur Division, (previously Hariharjora Irrigation I, At/PO./PS.- Division No. Biramaharajpur, Dist. Sonepur) to consider petitioner's representation under Annexure-5 Series and release the award amount of Rs.3,51,613/- with pendentilite interest @ 18% P.A. w.e.f. the award dtd. 30.09.1997 pursuant to the decision of the Hon'ble Supreme Court of India in the case of dtd.03.07.2018 Raveechee and Company Vrs. Union of India in Civil Appeal No.5964-65/2018 (2018) 7 SCC 664 with regard to pendentilite interest, within a stipulated time; reported
As is revealed from the order dated 22.02.2019 passed in ARBA No.14 of 2005, the coordinate Bench, vide the said order, dismissed the Appeal preferred by the State of Orissa confirming the judgment dated 04.12.2002 passed in Misc. Case No.524 of 2000 and Decree dated
09.12.2002 passed in O.S. No.106 of 1998 so also the Award dated 30.09.1997 passed in Arb. Case No.29C/1990, instead of taking necessary steps implementation of the Award before the Executing Court, the Writ Petition has been preferred with the prayer, as extracted above.
In view of the facts detailed above, the Writ Petition, being not maintainable, stands dismissed.
Needless to mention here that the Petitioner may approach the Executing Court for redressal of his grievance, if any, for implementation of the Arbitral Award in accordance with law. JUDGE (S. K. MISHRA) Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Jul-2024 15:40:23
Precedent status how later indexed judgments have treated this case
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