Paradip Port Trust v. Manoj Ranjan Samal

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.1052 of 2016 Paradip Port Trust, represented through its Chairman & another ....

Petitioners Mr. Gautam Misra, Senior Advocate Mr. A. Dash, Advocate -versusManoj Ranjan Samal ....

Opposite Party None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 03.01.2022 Order No.

02. 1. This matter is taken up through Hybrid Mode.

2. The petitioners who are opposite parties in W.P.(C) No.12296 of 2012 filed by M/s. Kalinga Commercial Corporation, wherein the said Company had enjoyed the benefit of an interim stay granted by this Court on 18.07.2012. The said writ petition was got dismissed as withdrawn by M/s. Kalinga Commercial Corporation wherein on 25.04.2014 the following order was passed:

"The petition is dismissed as withdrawn on the statement of Mr. T. Mishra, learned counsel for the petitioner subject to the condition that the petitioner will pay the dues of the Corporation for the period the petitioner has enjoyed the stay."

3. Since M/s. Kalinga Commercial Corporation did not pay the dues of the licence fee at the prescribed

// 2 // rates laid down by the petitioners hereinCorporation for the period of stay enjoyed by the Company, the present contempt has been filed.

4. Learned counsel for the petitioners very fairly realizing that the present contempt would be barred by limitation in terms of Section 20 of the Contempt of Courts Act, prays for permission to withdraw the present contempt to enable his client to pursue their remedy of execution, which has already been filed vide Exp 5/2016, in accordance with law.

5. The contempt petition is dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge (M.S. Sahoo) Judge January 3rd, 2022 Cuttack AKK