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2014 Supreme(Ori) 690

D.DASH
Orissa State Textile Corporation. Ltd. – Appellant
Versus
Bhaskar Tea Company Ltd. – Respondent


Advocate Appeared:
For the Appellant:D.H. Dhal, R.N. Mohapatra and K.M. Dhal, Advocates
For the Respondents:S. Udgata, P.K. Nayak, Y.S.P. Sabu, M. Verma, Y. Mohanty,S.N. Das, D. Pradhan, P.R. Sahoo, P.S. Samantra, S.K. Misra, P.K. Behera and S.B. Mohanty, Advocates

JUDGMENT :

D. Dash, J.

1. The unsuccessful Defendant Nos. 1 & 2 in the Court below have filed this appeal challenging the Judgment & decree passed by the Learned Civil Judge (Sr. Division), Sambalpur in T.S. No. 82/1986 decreeing the suit of the Respondent No. 1 against these Appellants declaring its right, title & interest over Schedule A, B & C properties described in the plaint & directing these Defendants to deliver possession of the same followed by a decree of permanent injunction restraining them from interfering upon 'A' schedule property in entering with the possession of the Respondent No. 1 in respect of the same. It has also been directed that in the event of failure to give delivery of possession of schedule 'B' & 'C properties, they would be liable to pay a sum of Rs. 5,00,000 to the Respondent No. 1 as compensation. For the sake of convenience, clarity & to avoid confusion, the parties hereinafter have been referred to as they have been arrayed in the Court below.

2. Plaintiffs case -

The Plaintiff is a company incorporated under Indian Companies Act, 1956. It has set up an Engineering unit in the name & style of "Aditya Engineering Works" over 'A' schedule land. The pur




































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