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1990 Supreme(Ori) 193

D.P.MOHAPATRA
SRI HARA PRASAD HOTA – Appellant
Versus
BATLIBOY AND CO. PRIVATE LTD. – Respondent


Advocates Appeared:
J.M. Mohanty, for the Appellant; S.C. Sinha, for the Respondent

JUDGMENT :

D.P. Mohapatra, J. - Shri Ham Prasad Hota who is being pursued in Execution Case No. 87 of 1982 as one of the judgment-debtors filed these revision petitions assailing different orders passed therein by the First Subordinate judge, Cuttack. While Civil Revision No. 294 of 1989 is directed against the order dated 7. 1.1989 by which the learned Subordinate Judge rejected the petitioner's prayer to stay further proceedings of the execution case till disposal of the suit (T. S. No. 702/87) filed by the petitioner. Civil Revision No. 327 of 1989 is directed against the order passed on 2-2-1989 by which the Court directed issue of warrant of arrest against him.

2. Since the case has had a chequered career, it is necessary to state, its factual backdrop leading to the present proceedings. The opp. party No. 1 Batliboy and Co. Private Limited filed. Money Suit No. 3688 of 1969 agamit the opposite party No. Davaloy Trading House, a partnership firm registered under the Indian Partnership Act In the Calcutta High-Court and obtained a decree for realisation of Rs. 1,05,645.85 with interest at the rate of 6 per cent per annum from the date of filing of the suit (9th October, 1969) unt





















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