PRADEEP PHOSPHATES LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal under the Letters Paten'; against the order dated 20. 5. 2005 passed by the learned Single Judge of this Court in W. P. (C) No. 2884 of 2005 which was filed by the appellant.

(2.) FACTS of the case reveal that the lands belonging to the respondents were acquired for establishment of the appellant's Industry at paradeep in the year 1982. Reference with regard to the compensation payable being made under Section 18 of the Land Acquisition Act, an award was passed in favour of the respondents. Against the said award, First Appeal No. 147 of 1994 was filed by the appellant before this Court which was disposed of on 26. 9. 2001 directing payment of compensation at the rate of Rs. 16,000/- per acre along with other statutory benefits to the respondents. The said decree for payment of compensation was put to execution in Execution Case No. 1 of 2002 which is pending before the learned Civil Judge (Senior Division), jagatsinghpur. The appellant after entering appearance in the execution proceeding filed an application claiming that as its application under the Sick Industrial Companies (Special Provision)Act, 1985 (for short 'the SICA') made to the BIFR has been registered as Case No. 238 of 2003 and, as an enquiry is pending, no proceeding for recovery of money will lie/can continue. The executing Court though initially stayed the execution proceeding and subsequently directed the appellant to deposit the amount payable under the decree, the appellant approached this Court in W. P. (C) No. 1640 of 2004 against the said order. The said writ application was disposed of remanding the matter back to the executing Court with a direction to examine the questions raised by the appellant, afresh. The executing court after rehearing the application of the appellant again directed for recovery of the decretal dues against which the appellant filed W. P. (C) No. 7513 of 2004 again before this Court. This Court on considering all the contentions raised by the appellant, by order dated 10. 4. 2004 while quashing the order impugned in the said writ application again remanded the matter back for reconsidering the application filed by the appellant for stay of the execution proceeding. The executing Court reheard the matter and by order dated 25. 2. 2005 rejected the prayer of the appellant. The appellant thereafter challenged the said order of the executing Court in W. P. (C) No. 2884 of 2005 on various grounds. The learned Single Judge by his order dated 20. 5. 2005 referring to the previous order/judgment of this Court passed in W. P. (C) No. 1640 of 2004 and holding that the appellant has failed to comply with the direction of this Court and could not produce the authenticated and/or certified copies of the papers under the SICA, concluded that no illegality has been committed by the executing Court in passing the order challenged in the said writ application. It is this order Of the learned Single Judge, which is impugned in the present appeal.

(3.) MR. Ganeswar Rath, learned Counsel appearing for the appellant vehemently argued that the learned Single Judge has lost sight of certain materials which are already available on record and acted erroneously in concluding that the appellant has not complied with the direction given by this Court in the previous writ applications.