Government Of Orissa VS. M/s Ashok Transport Agency & Others

Supreme Court of India

Case Law No.3209, Reporting JudgeM.B. Shah

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Government Of Orissa VS. M/s Ashok Transport Agency & Others

CASE NO.: Appeal (civil) 3209 of 2002

PETITIONER: GOVERNMENT OF ORISSA Vs.

RESPONDENT: M/S ASHOK TRANSPORT AGENCY & OTHERS

DATE OF JUDGMENT: 30/04/2002

BENCH: M.B. Shah

JUDGMENT: Shah, J.

Heard the learned counsel for the parties.

Leave granted.

Short question involved in this matter iswhether an ex parte decree passed against a Company which was taken over by the Orissa Ordinance No.8 of 1991 by the State Government can be executed against the State Government even though the Government of Orissa was not brought on record before passing of the decree? Admittedly, the Ordinance taking over the assets of the Charge Chrome Division of the Orissa Mining Corporation Ltd. was promulgated on 24th September, 1991 and the suit filed by the respondents was decreed against the Charge Chrome Division on 12th November 1991 without bringing the State Government on record as party defendant.

Thereafter, the judgment creditor filed an Execution Application on 24th October, 1994 for recovering the amount decre...

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