M/S.Bhushan Power And v. Unionof India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 18764 of 2014 M/s. Bhushan Power and Steel Limited ....

Petitioner Mr. Satyajit Mohanty, Advocate -versusUnion of India and Another ....

Opposite Parties Mr. P.K. Parhi Asst. Solicitor General (Union of India) Mr. A.K. Mishra, Advocate (Railways)

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK Order No.

ORDER

21.02.2022 04.

1. An additional affidavit has been filed by the Petitioner on 15th September, 2021, pointing out that a Corporate Insolvency Resolution Process (CIRP) has been initiated against it. Yet, liability has been fixed on the Petitioner by virtue of the impugned demand notice dated 7th August, 2014 issued by Opposite Party No.2 (Senior Goods Clerk, South Eastern Railway, Barsuan, Keonjhar calling it to pay an amount of Rs.37,44,567/-. Thus, the Petitioner has prayed that the aforementioned notice may be set aside.

2. In view of the above submission made by learned counsel for the Opposite Parties and following the decision of this Court dated 21st June, 2011 passed in W.P.(C) No.8259 of 2019 (Sree Metaliks

Limited v. State of Odisha), the notice dated 7th August, 2014 is hereby quashed.

3. The writ petition is allowed, but in the circumstances, with no order as to costs.

4. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A.