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2005 Supreme(Ori) 241

L.MOHAPATRA
BIRAT CHANDRA DAGARA – Appellant
Versus
TAURIAN EXIM PVT LTD – Respondent


Advocates Appeared:
A.K.MOHANTY, B.K.SHARMA, G.K.DAS, INDRAJIT MOHANTY, JAGANNATH PATNAIK, K.A.Guru, P.C.JENA, P.Patra, R.K.Nayak, R.P.ROY, S.K.Dash, S.K.Mohapatra, S.P.RAJU, S.R.MOHANTY

( 1 ) THIS appeal is directed against the order dated 17 5 2003 passed by the learned Civil Judge (Senior Division)Rairangpur in I A No 12 of 2003 restraining the appellant from managing, operating raising, extracting Iron Ores from Sulerpat mines and from interfering with the man agement, operation, raising, extraction of iron ores from the said mines in terms of power of Attorney dated 9-7-2002 till disposal of the suit

( 2 ) RESPONDENTS have filed Civil suit No 38 of 2003 in the Court of the learned civil judge (Senior Division), praying for a declaration that the deed of revocation dated 16-7-2002 is void, illegal and inoperative and for further declaration that in view of the registered Irrevocable Power of Attorney dated 9-7-2002 executed by the sole defendant in favour of the plaintiff No 1 and against older of D K Patnaik, Civil Judge (Senior Division), Rairangpur, D/ 17-5-2003 backed by payments as indicated in the plaint, the plaintiff respondents are entitled to operate the suit schedule mine as described in Schedule-A and for permanent injunction In the said suit an application under Order 39 Rule 1 C P C was tiled by the respondents tor restraining the appellant from m








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