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2025 Supreme(Online)(Ori) 2324
ORISSA HIGH COURT
S.K.PANIGRAHI, M.S. SAHOO, JJ
Pragyan Aparajita Mohanty – Appellant
Versus
Sibajee Mohanty – Respondent
MATA No. 368 of 2024
For the Appellants/Petitioners: Mr. H.K. Ratsingh
For the Respondents: Mr. Krutibas Mohapatra
The court determined the sufficiency of payment acknowledgments and required clarification on ongoing litigations related to the appellant's cooperation.
Headnote:In the matter of MATA No. 368 of 2024, the court analyzed payment disputes following statutory obligations under civil law. The Respondent confirmed payments totaling Rs. 13,00,000/- to the Appellant, leading to the Appellant's claim of non-cooperation. The court directed further submissions from the Respondent regarding pending matters. The main issues framed related to payment acknowledgment and the Appellant's cooperation. The court held that the payments made were sufficient and required further actions to clarify the status of ongoing litigations.
Result: The appeal is scheduled for further orders on 1st August 2025.
| Table of Content |
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| 1. acknowledgment of payment made. (Para 3 , 4) |
| 2. court directs further actions on ongoing litigations. (Para 5 , 6 , 7) |
ORDER
Order No. 30.07.2025 (By Hybrid Mode)
04. 1. When the matter is called, none appears for the Appellant. The Respondent along with his parents are present in the Court. Memo dated 30.07.2025 has been filed by the Respondent stating the following –
“1. That the Respondent has already paid an amount of Rs.11,00,000/- by way of demand Draft, which has been duly acknowledged by the Appellant. Further an amount of Rs.2,00,000/- has been paid to the Appellant through a Cheque. A copy of the said Acknowledgement is annexed herewith and marked as ANNEXURE-A.”
2. That, further, in compliance with the directions of this Hon’ble Court, the Respondent has also paid an amount of Rs.2,00,000/- (Rupees Two Lakhs only) through NEFT Transaction bearing CBINN No. 62025071947946599, which stands credited to the bank amount of the Appellant. A copy of the acknowledgment receipt evidencing such deposit is annexed herewith and marked as ANNEXURE-B.
2. The memo encloses the acknowledgement of the Demand Draft of an amount of Rs.11,00,000/- (Eleven Lakhs) by the Appellant-wife which was handed over to her on 24.06.2025.
3. It is stated by the learned counsel for the Respondent that the Cheque of Rs.11,00,000/- (Eleven Lakhs) bearing No.061536 dated 09.05.2025 drawn on Central Bank of India, Naya Chowk, Cuttack Branch was dishonoured for some technical issues. However, they have handed over Demand Draft of Rs.11,00,000/- (Eleven Lakhs) bearing No. 115116 dated 23.06.2025, which has been received by the Appellant-wife on 24.06.2025.
4. Annexure-B to the Memo indicates that, on transfer from Central Bank of India, Naya Chowk, Cuttack Branch Account No. 3476330366, an amount of Rs.2,00,000/- (Two Lakhs) has been transferred to the account of the Appellant by CBINN No.62025071947946599. It is submitted that the entire amount of Rs.13,00,000/- (Thirteen Lakhs) has since been credited to the account of the Appellant-wife.
5. Respondent shall file an affidavit indicating the details of payments made in favour of the Appellant-wife.
6. It is also stated by the learned counsel for the Respondent that the Appellant-wife is not cooperating in disposal of the matters pending before different courts. Affidavit shall also indicate the pending cases before various courts. Let the affidavit be filed by tomorrow, i.e.
31.07.2025.
7. List this appeal on 1st day of August, 2025 for further orders.
