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ORISSA HIGH COURT : C U T T A C K

W.P.(C) No.23128 of 2021

An application under Article 226 of

the Constitution of India, 1950

In W.P.(C) No.23128/2021

Utkal Chamber of Commerce

: Petitioner

and Industries Ltd.

-Versus-

Sanjeev Mahapatra & Ors.

: Opposite Parties

For Petitioner

: M/s. A.Ch. Swain,

For Opposite Party Nos.1 & 2

: Mr. M.K. Mishra,

Senior Advocate

Mr. L. Mishra, Adv.

Mr. S. Acharya, Adv.

For Opposite Party No.3

: Mr. P.K. Parhi,

Asst. Solicitor General

W I T H

In W.P.(C) No.12645 /2021

Jyoti Prakash Das & Anr.

: Petitioner

-Versus-

Sanjeev Mahapatra & Ors.

: Opposite Parties

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For Petitioner

: M/s. L.N. Rayatsingh

For Opposite Party Nos.1 & 2

: Mr. M.K. Mishra,

Senior Advocate

For Opposite Party No.3

: Mr. P.K. Parhi,

Asst. Solicitor General

For Opposite Party Nos.6, 7, 8, 10 & 11

: Mr. A.Ch. Swain,

J U D G M E N T

CORAM :

JUSTICE BISWANATH RATH

Date of hearing: 02.09.2021

:: Date of Judgment : 04.10.2021

1.

Writ petition bearing W.P.(C) No.12645 of 2021 is filed by the

elected executive members of the Company, Utkal Chamber of

Commerce & Industrial Limited, W.P.(C) No. 23128 of 2021 has been

filed by Utkal Chamber of Commerce & Industrial Limited, as the

company involved herein.

2.

Bare perusal of the pleadings involving both the writ petitions, it

appears, both writ petitions almost run parallel, except very minimal

changes maintaining the same framework.

Prayer made in W.P.(C).No. 12645 of 2021 reads as follows:

“It is, therefore, most humbly prayed that this Hon’ble

Court may graciously be pleased to:

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(i)

Issue a writ in the nature of “certiorari”,

mandamus” or any other writ(s), order(s)/ direction(s)

quashing the proceeding in C.P.No.11/CB/2021 pending

before the NCLT, Cuttack;

(ii)

Pass as such other or further order as this Hon’ble

Court may deem fit and proper.

And for such act of kindness, the petitioners as in

duty bound shall ever pray.”

3.

Similarly, prayer made in W.P.(C).No.23128 of 2021 reads as

follows:

“It is, therefore, most humbly prayed that this

Hon’ble Court may graciously be pleased to:

i)

Issue a writ in the nature of “certiorari”,

mandamus” or any other writ(s), order(s)/

direction(s)

quashing

the

proceeding

in

C.P.No.11/CB/2021 pending before the NCLT,

Cuttack;

ii)

pass as such other or further order as this Hon’ble

Court may deem fit and proper.

And for such act of kindness, the petitioners as in duty

bound shall ever pray.”

Through both the writ petitions it is again observed that there is

almost a common relief sought for.

4.

Common background involved in both the cases is that both the

cases appear to be aiming with challenge to the initiation of the Company

Proceeding No.11/CB/2021 pending before the National Company Law

Tribunal (for short “NCLT”), Cuttack on the premises of issues raised in

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the Company Act proceeding is pending consideration of the suit bearing

C.S.No.1182 of 2020, both sets of Petitioners claimed, the Company

Proceeding in the circumstance is not maintainable. Looking to the nature

of dispute and keeping in view a clear undertaking, this Court here also

takes into account the prayer in C.S.No.1182 of 2020 as well as prayer in

C.P.No.11/CTB/202 which runs as follows.

Prayer made in C.S.No.1182 of 2020 reads as follows:

“Under the aforesaid facts and circumstances, this

Hon’ble Court may be graciously pleased to award decree in

favour of plaintiffs as follows:

a) Let a decree be passed declaring the Executive Committee is