CONTC No. 1250 of 2013. Case: Iswar Ch. Swain Vs Dillip Kumar Patnaik. High Court of Orissa (India)

Case NumberCONTC No. 1250 of 2013
CounselFor Appellant: P. Jena, Adv.
JudgesAmitava Roy, C.J. and Dr. Akshaya Kumar Rath, J.
IssueContempt of Court
Citation2014 (118) CLT 967, 2014 (II) ILR 1103
Judgement DateSeptember 04, 2014
CourtHigh Court of Orissa (India)

Order:

  1. Heard. Ms. P. Jena, learned counsel for the petitioner. The instant petition alleges deliberate non-compliance of the interim order dated 27.08.2012 passed by this Court in W.P.(C) No. 15423 of 2012.

  2. It is contended that by the said interim order it was directed that the auction involved be furthered, but no confirmation thereof would be made without the leave of the Court till 12.10.2012.

  3. The record of W.P.(C) No. 15423 of 2012 would reveal that by subsequent orders dated 19.10.2012 and 14.12.2012 the term of interim restraint was extended up to 30.11.2012 and 28.02.2013 respectively.

  4. It is submitted on behalf of the petitioner that the opposite party had acted against the said restraint on 26.3.2013. According to the learned counsel, in view of the decision rendered by this Court in the case of Smt. Charu Patnaik vs. Commissioner, Land Records & Settlement, Orissa, Cuttack, reported in 2007 (II) OLR 237, even if the life of the interim order was not extended, the same continued to be operative until further orders or disposal of the petition. Therefore, in the instant case, though the interim order was case of the petitioner. Be that as it may, it is apparent from not extended after 28.02.2013, the same continued to...

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