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2021 Supreme(Ori) 123

S.MURALIDHAR, S.K.SAHOO
Banamali Mishra – Appellant
Versus
Managing Director, Odisha State Financial Corporation, Cuttack – Respondent


Advocates Appeared:
Mr. H. S. Mishra, Advocate, for the Appellant; Mr. B. K. Das, Advocate, for the Respondent.

ORDER

1. The present petition has been filed for review of the order dated 22nd November, 2019 passed by this Court in W.P.(C) No.16693 of 2019.

2. This Court has heard the submissions of Mr. H. S. Mishra, learned counsel for the review Petitioner and Mr. B. K. Das, learned counsel for the Opposite Parties-OSFC.

3. It appears that the Petitioner is the auction purchaser and it is in that capacity he was impleaded as a co-defendant in Civil Suit No.40 of 2011. Otherwise, the fact that he was the action purchaser seeking return of the money paid by him is not in dispute.

4. The Court is satisfied that there is an error apparent on the face of the order dated 22nd November 2019, which proceeds on the basis that facts concerning the Petitioner involve disputed questions of fact.

5. In that view of the matter, the order dated 22nd November, 2019 is recalled. The W.P.(C) No.16693 of 2019 is restored to its original file.

6. The RVWPET is allowed.

7. An urgent certified copy of this order be issued as per rules.

W.P.(C) No.16693 of 2019

List before the Roster Bench on 15th September, 2021.

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