Advocates:
['M/S ASIT KUMAR DASH', '', 'S S MOHAPATRA', 'M/S SANTOSH KU DIWEDI']

C.M.P. No.1358 of 2016

29.11.2016

This petition challenges the order dated 10.8.2016 passed by the learned Civil

Judge (Sr. Divn.), Rourkela in Execution Case No.13 of 2014 vide Annexure-4. By the said orde

r, learned trial court directed the General Manager, Finance, SAIL, RSP, Rourkela to remit a s

um of Rs.16,00,000/- by way of Demand draft or account payee cheque in favour of decree-holder

.

Heard Dr. A.K. Mohapatra, learned Senior Advocate along with Mr.A.K. Dash, lea

rned counsel for the petitioner and Mr.S.K. Dwivedy, learned counsel for the opposite party no

.2.

Dr. Mohapatra, learned Senior Advocate for the petitioner submits that the opp

osite party no.2 as plaintiff instituted C.S. No.9 of 2013 in the court of the learned Civil J

udge (Sr. Divn.), Rourkela. The petitioner was the defendant no.2. The suit was decreed expart

e. Thereafter the petitioner filed an application being C.M.A. No.75 of 2015 under Order 9 Rul

e 13 C.P.C. to set aside the exparte decree. The same was dismissed for non-prosecution. There

after, the petitioner filed C.M.A. No.88 of 2016 for restoration. The same is pending adjudica

tion. At this junct