Pradipta Kumar Baral And Another vs The Branch Manager on 27 January, 2025

Orissa High Court

Pradipta Kumar Baral And Another vs The Branch Manager on 27 January, 2025

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C). NO.15716 OF 2024

                 Pradipta Kumar Baral and another           ....       Petitioners
                                                 Mr. S.P. Mishra, Senior Advocate
                                        Being assisted by Mr.G.N.Parida, Advocate

                                         -versus-
                 The Branch Manager, DCB Bank,              ....     Opp. Parties
                 Laxmisagar Branch, Puri-Cuttack
                 Road and others
                                                    Mr. N.K. Dash, Advocate
                                                             (For O.P. No.1)
                                              Mr. P.V. Balakrishna, Advocate
                                                             (For O.P. No.2)
                                              Mr. M.K. Mohapatra, Advocate
                                                             (For O.P. No.3)
                          CORAM:
                          JUSTICE K.R. MOHAPATRA
                          JUSTICE SANJAY KUMAR MISHRA
                                   ORDER

Order No.                        27.01.2025
 03.        1.      This matter is taken up through hybrid mode.

2. Office note indicates that notice on Opposite Party Nos.4
and 5 returned unserved with a postal endorsement “Addressee left
without instruction”. Office note further indicates that SR of status
quo was received from the Petitioners and Opposite Party Nos.1 to
5 after valid service.

3. Mr. Mishra, learned Senior Advocate submits that in view
of the ratio decided in AIR 1989 SC 630 (M/s. Madan & Co. Vs.
Wazir Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran Vs.
Sankaran Vaidhyan Balan & anr.), in (2006) 6 SCC 456 (D.
Vinod Shivappa Vs. Nanda Belliappa), in (2007) 6 SCC 555
(C.C. Alivi Haji Vs. Palapetty Muhammed & anr.) and in (2014)
12 SCC 685 (Ajeet Seeds Limited Vs. K. Gopal Krishnaiah), if

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the addressee leave the place without instruction, the notice on
him should be treated to be sufficient.

4. In view of the ratio as aforesaid and in view of the fact that
order of status quo has already been served on Opposite Party
Nos.4 and 5 in the same address, notice on Opposite Party Nos.4
and 5 is held to be sufficient.

5. Put up this matter on 18th March, 2025 for final disposal.

6. Interim order of status quo dated 09.07.2024 passed in I.A.
No.8242 of 2024 shall continue till the next date.

                                                                  (K.R. Mohapatra)
                                                                        Judge



                                                                     (S.K.Mishra)
Kanhu                                                                  Judge




        Signature Not Verified
        Digitally Signed
        Signed by: KANHU BEHERA
        Designation: Junior Stenographer
        Reason: Authentication                                                          Page 2 of 2

Location: High Court of Orissa, Cuttack.

Date: 27-Jan-2025 16:30:50