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2016 Supreme(Ori) 707

D.DASH
Orissa State Financial Corporation – Appellant
Versus
Bijay Kumar Pradhan – Respondent


Advocates Appeared:
For the Appellants :M/s. P.K.Routray, B.G.Mishra, N.K.Deo, R.K.Rout and A.Routray, advocates.
For the Respondents:M/s. L.Samantray, U.K.Barik, R.Pradhan, M/s. S.R.Patnaik, P.K.Swain, Mrs. P.Patnaik, N.K.Senapati, S.D.Pradha, M/s. M.Kanungo, P.K.Rath, S.K.Kanungo, S.Das, D.Pradhan, and K.C.Tripathy M/s. B.P.Tripathy, P.K.Chand, D.K.Pradhan, C.R.Panda, D.Satpathy, J.Mohanty M/s. S.P.Mishra, S.Nanda, S.K.Samantaray, A.K.Dash and B.Mohanty, advocates.

JUDGMENT :

These two appeals arise out of the judgment and decree passed by the learned Civil Judge (Sr.Divn.), Aska in TMS No. 66 of 1997.

The suit filed by the respondent no.1 as the plaintiff has been decreed as under:-

(i) declaring the seizure of the bus by the appellant-defendant no.1 as illegal and the auction thereof as irregular;

(ii) directing respondent-defendant no.5 auction-purchaser from the appellant-defendant no.2 (Orissa State Financial Corporation-OSFC) to restore the possession of the bus;

(iii) directing the appellant-defendant no. 4 (National Insurance Company-Insurer) to pay a sum of Rs.1,33,380/-with interest at the rate of 6% per annum with quarterly rests from 23.10.1997;

(iv) directing appellant-defendant nos. 1 to 3 (OSFC and officials) to pay damage to the tune of Rs.1,50,000/-to the respondent-plaintiff within two months failing which to pay interest at the rate of 6% per annum with quarterly rests till payment;

(v) directing the appellant-defendant nos. 1 to 3 not to charge any interest or cost or monetary demand upon the respondent-plaintiff from the date of seizure till its restoration of possession to the respondent-plaintiff or the matter is regularized b









































































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