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Judgment
This writ petition has been pending since 2003 and one of the main grievances is about the wrongful action of the Orissa State Financial Corporation (OSFC) in seeking to bring a guarantor’s property to sale by invoking Section 29 of the Orissa State Financial Corporation Act (SFC Act) when that is legally proscribed as explained by the Supreme Court of India in Karnataka State Financial Corporation v. N. Narasimahaiah AIR 2008 SC 1797.
At one stage this Court had by an order dated 17th February 2005 directed the property in question to be released in favour of the Petitioner. It appears that after few years that same property was put to sale by way of public auction. Opposite Party No.5-M/s. Stone Hope represented by its Managing Partner Sri Anantaram Mahapatra was the successful auction purchaser of the property in question. This led the Petitioner to amend the writ petition challenging the auction sale. However, somehow in the meanwhile, the auction purchaser was put in possession of the property in question by the OSFC leading this Court to pass a further interim order on 5th February 2015 injuncting Opposite Party No.5 from transferring the scheduled property and creating any third-party interest till disposal of the writ petition. Even at this stage, no reply was filed by the OSFC.
Today when the matter was called out, learned counsel for the Petitioner and Opposite Party No.5 were ready with their arguments. However, Mr. Amitav Das, learned counsel appearing for the OSFC stated that only last night OSFC decided to sign a vakalatnama appointing him to appear on its behalf. He has no instructions. He has no documents. He does not have the paper book. He is, therefore, unable to make submissions. As a result, he asked for an adjournment in a petition of the year 2003.
For necessitating today’s adjournment, the OSFC will pay costs of Rs.20,000/-(twenty thousand) each to the Petitioner as well as Opposite Party No.5 and also deposit Rs.10,000/- with the Orissa State Legal Services Authority. Proof of payment of the costs will be placed on record not later than 4th April, 2022. The OSFC will by that date file its affidavit giving a para-wise reply to the writ petition enclosing all relevant documents. If the OSFC fails to comply with any of the above directions, its Managing Director will remain personally present in the Court on the next date.
Rejoinder if any, to the above affidavit will be filed by the Petitioner by the next date.
List on 18th April, 2022.
Urgent certified copy of this order be issued as per rules.
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