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2021 Supreme(Ori) 54

BISWANATH RATH
Utkal Chamber of Commerce and Industries Ltd. – Appellant
Versus
Sanjeev Mahapatra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. A. Ch. Swain, M/s. L.N. Rayatsingh.
For the Respondents: Mr. M.K. Mishra, Mr. L. Mishra, Mr. S. Acharya, Mr. P.K. Parhi.

JUDGMENT :

BISWANATH RATH, J.

1. Writ Petition bearing W.P. (C) No. 12645 of 2021 is filed by the elected executive members of the Company, Utkal Chamber of Commerce and Industrial Limited, W.P. (C) No. 23128 of 2021 has been filed by Utkal Chamber of Commerce and Industrial Limited, as the company involved herein.

2. Bare perusal of the pleadings involving both the writ petitions, it appears, both writ petitions almost run parallel, except very minimal changes maintaining the same framework.

Prayer made in W.P. (C) No. 12645 of 2021 reads as follows:

    “It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:

    (i) Issue a writ in the nature of “certiorari” and mandamus” or any other writs, orders/directions quashing the proceeding in C.P. No. 11/CB/2021 pending before the NCLT, Cuttack.

    (ii) Pass as such other or further order as this Hon’ble Court may deem fit and proper.

    And for such act of kindness, the petitioners as in duty bound shall ever pray.”

3. Similarly, prayer made in W.P. (C) No. 23128 of 2021 reads as follows:

    “It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:

    (i) Issue a writ in the nature of “certiorari”

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