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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Orissa Homes Pvt. Ltd. – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. key arguments presented by appellants. (Para 3 , 4) |
| 3. initial findings and observations by the court. (Para 5 , 6 , 7 , 8) |
| 4. court's reasoning based on statutory provisions. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18) |
| 5. judgment reflects legality and no grounds for appeal. (Para 17 , 19 , 20) |
| 6. final conclusion and order by the court. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
Dr. Sanjeeb K Panigrahi, J.
1. The Appellant, in the present appeal, challenges the order dated 04.02.2022 passed by the learned Presiding Officer, Designated Court, Cuttack, in I.A. No.03 of 2019, on the grounds that the impugned order suffers from gross procedural irregularities and was rendered in violation of settled principles of natural justice.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The Appellant companies, M/s Odisha Homes Pvt. Ltd. and M/s Trisat Estates & Construction Pvt. Ltd., are engaged in the real estate business, including providing plots and flats to customers. Both companies are represented by their respective Managing Directors and operate within the territorial jurisdiction of this Court.
(ii) On
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....
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 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.
Properties purchased with depositor funds are subject to attachment under the Tamil Nadu Protection of Interests of Depositors Act, regardless of subsequent transfers.
The MPIDFE Act allows for the attachment of property to protect the interests of depositors, regardless of when the property was acquired. The affidavit filed by the competent authority complied with....
The court found a procedural violation in not issuing statutory notices for asset attachment but allowed re-evaluation of the case, emphasizing the principles of natural justice while establishing th....
The Banning of Unregulated Deposit Schemes Act allows for the attachment and sale of property to ensure repayment to depositors without requiring a prior conviction of the deposit takers.
The court upheld the attachment of properties under the KPIDFE Act, emphasizing the necessity to protect depositors' interests despite the appellants' claims of procedural impropriety and lack of com....
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