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2019 Supreme(Ori) 201

BISWANATH RATH
Orissa Manganese & Minerals Ltd – Appellant
Versus
Birat Chandra Dagara – Respondent


Advocates:
Advocate Appeared:
Rajat Kumar Rath, Adv., A.K. Kanungo, Adv., Jagannath Patnaik, Adv., A. Patnaik, Adv., B. Mohanty, Adv., S.S. Kanungo, Adv., S. Mohapatra, Adv., S. Patnaik, Adv.

JUDGMENT :

BISWANATH RATH, J.

1. W.P.(C) No.7445 of 2019 has been filed by the Orissa Manganese & Minerals Ltd. whereas W.P.(C) No.7537 of 2019 has been filed by Shri Birat Chandra Dagara involving a common impugned order but on different context.

    W.P.(C) No.7445 of 2019 has been filed assailing the order dated 02.04.2019 at Annexure-22 passed by the District Judge, Mayurbhanj at Baripada involving a miscellaneous application vide Execution Petition No.1 of 2019 arising out of an Arbitration award involving the petitioner and the opposite party herein in disposal of an application U/s.151 of C.P.C. dated 25.1.2019 alongwith disposal of a petition dated 7.02.2019 on behalf of the present opposite party-judgment debtor for recalling of an interim order, which were decided analogously and in disposal thereby modifying the interim order dated 7.02.2019 but however with imposition of condition on the judgment debtor for furnishing a bank gurantee worth rupees five crores within a month also prohibiting the judgment debtor not to dispose of or cause destruction to the schedule-B property appended to the execution petition till disposal of the execution proceeding. It is also directed therei

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