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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Gayadhar Jena – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. facts regarding the appellant's case and allegations. (Para 2 , 3 , 4) |
| 2. arguments presented by the appellant and the respondent. (Para 5 , 6) |
| 3. court's observations on the opid act and implications on property sales. (Para 7 , 8 , 9 , 10) |
| 4. permission for property sale while protecting depositors' interests. (Para 11) |
| 5. final orders and directions regarding the appellant. (Para 12 , 13 , 14 , 15 , 16) |
ORDER :
2. The Appellant is the accused in EOW P.S. Case No.9, dated 15.03.2015 registered for commission of offences under Sections 467 /468/471/406/420/120-B, I.P.C. and Section 6 of the OPID Act.
4. As per the allegations, the Appellant has collected around Rs.17 crores from various depositors.
6. In course of hearing, Mr. M.K. Mohanty, learned counsel for Respondent No.2 submits that, the properties mentioned at Serial Nos.6, 7, 8 & 9 of Lot No.1, as per the affidavit dated 06.03.2023, has been agreed to be sold in favour of Respondent No.2, for which the Appellant had already received the advance amount of Rs.32,55,000/-. According to learned counsel for Respondent No.2, the balance amount remains to be paid is Rs.4,45,000/-.
“5. That, accordingly requisitions we
The court determined that, under the OPID Act, while sales of attached properties are generally restricted, the conditions for permitting such sales can be framed to protect depositors' interests.
The appeal was dismissed as the Designated Court's order for attachment of properties was found to comply with legal provisions without procedural violations, affirming the necessity of following sta....
The attachment of properties under the OPID Act, validated by proper procedural compliance, emphasizes the necessity of safeguarding depositor interests despite ex parte proceedings not infringing up....
The Designated Court under the OPID Act is not required to identify affected persons or quantify the money for equitable distribution, as per the provisions of the OPID Act.
Section 11 of the O.P.I.D. Act only allows for the cancellation of entire ad-interim attachments upon satisfactory security, and not for partial releases.
The Court ruled that properties not under attachment cannot be refused registration of sale deeds based on anticipation of future actions; thus, registration must proceed as long as no attachment exi....
Properties purchased with depositor funds are subject to attachment under the Tamil Nadu Protection of Interests of Depositors Act, regardless of subsequent transfers.
The main legal point established in the judgment is that the Odisha Protection of Interests of Depositors (in Financial Establishments) Act, 2011 was not intended to govern real estate transactions a....
The court affirmed the application of res judicata in barring claims based on a previously invalidated sale agreement, emphasizing the need for finality in litigation and rejecting claims of adverse ....
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