ORISSA HIGH COURT : CUTTACK R.S.A. No.273 of 2023 In the matter of an appeal under Section 100 C.P.C, 1908.

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Gupta Power Infrastructure Limited, Represented through its Director, Jitendra Mohan Gupta, District- Khurda … Appellant.

-VERSUS-

Colonel Ajai Saxena & Others … Respondents R.S.A. No.278 of 2023 In the matter of an appeal under Section 100 C.P.C, 1908.

Gupta Power Infrastructure Limited, Represented through its Director, Jitendra Mohan Gupta, District- Khurda … Appellant.

-VERSUS-

Colonel Ajai Saxena & Others … Respondents Counsels appeared for the parties in both the appeals:

For the Appellant : Mr. Amit Prasad Bose, Advocate.

For the Respondents : Mr. Partha Mukherji, Advocate.

(for respondent No.1)

Mr. D.P. Mohanty, Adv.

(for respondent Nos.2 to 8).

P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing : 06.02.2026 :: Date of Judgment : 19.02.2026

JUDGMENT

ANANDA CHANDRA BEHERA, J.—

1. Since both these 2nd Appeals have arisen out of an analogous Judgment and Decree passed in R.F.A. No.7/2019 and R.F.A. No.9/2019 in respect of the Judgment and Decree passed in a suit and its counter claim vide C.S. No.68/2014, then, both these 2^nd Appeals are taken up together a