Indira Mohapatra v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.399 of 2022 Indira Mohapatra ....

Appellant Mr. Ramakanta Mohanty, Advocate with Mr. S. Mohanty, Advocate -versusUnion of India and Others ....

Respondents Mr. Sreejit Mohanty, Advocate for IOCL

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.

ORDER (Oral) 26.04.2022 02.

1. This matter is taken up through virtual/physical mode.

2. The grievance is directed against the order dated 16th March, 2022 passed by the learned Single Judge, whereby erroneously a condition of further deposit of 25% of the demand within ten days has been imposed in order to get the objections filed by the petitioner against the order dated 18th July, 2018 decided by the IOCL, on the ground that it is a case of seeking refund.

3. This Court vide order dated 05.04.2022 issued notice for today with interim directions to the IOCL to decide the representation without insisting upon deposit of 25% of the demand.

4. At the time of hearing today, Mr. Sreejit Mohanty, learned counsel for the IOCL states that in compliance of the direction passed by the learned Single Judge, an order dated 23rd April, 2022 has been passed. He further submits that in compliance of the interim directions passed by this Court on 05th April, 2022, the aforesaid

// 2 // order has been passed without insisting upon the condition of 25% of pre-deposit.

5. In view of the aforesaid developments, we dispose of the present writ appeal as having become infructuous with a direction that the condition of 25 % of the predeposit shall be deemed to have been waived; and the appellant is at liberty to seek his remedy against the order dated 23.04.2022 in accordance with law. (Jaswant Singh) Judge (M. S. Raman) Judge Basudev April 26th, 2022 Cuttack