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1984 Supreme(Ori) 264

S.C.MOHAPATRA
ORISSA STATE FINANCIAL CORPORATION – Appellant
Versus
GOPAL CHANDRA GHOSH – Respondent


Advocates Appeared:
R.N. Sinha and S.N. Sinha, for the Appellant; B. Rath and J.K. Misra, for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - This Civil Revision arises out of an order of the District Judge:, Cuttack, in Misc. Case No. 79 of 1981 setting aside the final order passed u/s 38(7) of the Orissa State Financial Corporation Act, ( hereinafter referred to as the 'Act'), confirming the order of attachment and directing the sale of attached property of the opposite party.

2. The short facts bereft of details relevant for disposal of the case, are as follows :

"In the year 1971, the Orissa State Financial Corporation (hereinafter referred to as the 'Corporation') accommodated the opposite party with some loan as per the agreement entered into with him. On the allegation that the opposite party failed to discharge the loan, the Corporation enforced the claim u/s 31 of the Act. On receipt of the application, the District Judge passed an ad interim order attaching the security for the loan and issued notice to the opposite party. After the opposite party showed cause, the District Judge proceeded to investigate into the claim of the Corporation and decided that the opposite party has the right to begin. Thereafter, the case was not heard on various dates and was ultimately posted to 1. 7.






















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