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2021 Supreme(Ori) 371

K. R. MOHAPATRA
Birat Chandra Dagara – Appellant
Versus
Odisha Manganese & Minerals Limited – Respondent


Advocates Appeared:
Banshidhar Baug, Advocate, M.R. Baug, Advocate, R.R. Baug, Advocate, G.R. Sahoo, Advocate, R.R. Jethi, Advocate, A. Choudhry, Advocate, D. Tripathy, Advocate, S.P. Mishra, Advocate, P.K. Dash, Advocate, A.K. Kanungo, Advocate

JUDGMENT

K.R. Mohapatra, J. - The Petitioner in this CMP calls in question the order dated 5th March, 2021 (Annexure-13) passed by learned District Judge, Mayurbhanj at Baripada in Execution Case No. 1 of 2019, whereby he directed the properties under Schedules 'A' and 'B' kept under attachment to be sold to execute the decree. He further appointed learned Civil Judge (Senior Division), Rairangpur to conduct the sale by putting the attached property in public auction in accordance with law.

2. The averments made in the CMP reveal that the Petitioner (for short 'J.Dr.') is the lessee in respect of Suleipat Iron Ore Mine situated in village Hatisikly under Badampahad Tahasil in the District of Mayurbhanj. In order to set up a steel plant, he executed a Joint Venture Agreement (JVA) with the Opposite Party (for short 'D.Hr.') on 12th April, 2010. On the very same day, a raising contract was also executed between the J.Dr. and D.Hr. permitting later to raise iron ores from the mine as per the terms and conditions stated therein. As per Clause-4.5 of the JVA under Annexure-1, the J.Dr. also executed a registered Power of Attorney in favour of D.Hr. on 12th April, 2010. As the D.Hr. did no

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