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2017 Supreme(Ori) 395

BISWANATH RATH
Kalinga Utkal Buildwell Private Ltd. – Appellant
Versus
Orissa Textile and Steels Employees – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.P.Mishra, Sr.Advocate. M/s. S.Nanda, B.Mohanty, S.S.Kashya, S.K.Sahoo, B.S.Panigrahi & K.Samantara.
For the opp. Parties : M/s. B.K.Sahoo, K.C.Sahoo & B.Satpathy, M/s. S.K.Sanganeria & P.Nayak.

JUDGMENT :

BISWANATH RATH, J.

1. This Civil Revision has been filed assailing the impugned order dated 9.9.2009 passed by the 2nd Additional Civil Judge (Senior Division), Cuttack thereby rejecting an application under Order 7, Rule 11 of the Code of Civil Procedure at the instance of the present petitioner by appearing as defendant no.8 in the suit.

2. Short background involved in the case is that opposite party no.1 filed a Civil Suit against the Orissa Textile and Steels Employees, Nayabazar, Cuttack and six others bearing C.S. No.12 of 2006 praying therein as follows:

“i. A decree be passed declaring that the outstanding statutory dues (under computation) of the employees under defendant no.1 and 3 who are represented by the plaintiff will be recovered from the properties of the defendant no.1 and 2 establishments.

ii. The defendants be injected from transferring by any means the properties of defendant no.1 and 2 establishment. So long as the dues of the employees are not settled.

iii. A decree for mandatory injunction directing the defendant to restore the property if transferred in the meantime.

iv. The decree be passed for the cost of the suit.

v. And any other decree as may deem f


































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