Authority: High Court of Orissa at Cuttack
Order Date: 24 July 2026
Case Overview
- Petition: TRP(C) No.147 of 2018 filed by M/s. B. Engineers and Builders (P) Limited (Petitioner) against Orissa Construction Corporation Limited (Opposite Party).
- Counsel: Petitioner represented by Mr. G.R. Sahoo; Opposite Party represented by Mr. S.K. Nath.
- Relief Sought: Transfer of proceedings in Title Suit No.23 of 1993 and Money Suit No.246 of 1993 from the Court of the learned Civil Judge (Senior Division), Rayagada to the Court of the learned 1st Additional Civil Judge (Senior Division), Bhubaneswar, with analogous hearing.
- Procedural History: On 16 July 2025, the matter was adjourned sine die, pending disposal of CMP No.606 of 2025. CMP No.606 was allowed, after which the learned Civil Judge (Senior Division), Rayagada re‑opened CMA No.02 of 2025 and dismissed it on 19 May 2026.
- The petitioner, aggrieved by the 19 May 2026 dismissal, sought to challenge the order and requested further adjournment.
Final Outcome
- The Court declined further adjournment and dismissed the transfer petition as infructuous, noting the dismissal of Title Suit No.23 of 1993 and CMA No.02 of 2025.
- The petitioner was granted liberty to file an application for restoration of the transfer petition if the CMA No.02 of 2025 order is set aside by a competent court and Title Suit No.23 of 1993 is restored to the file.
- The interim order dated 15 May 2018 in I.A. No.162 of 2018 was vacated.
- The Court directed that an urgent certified copy of this order be granted on proper application as per the rules.
Topics: Transfer Petition, Court Order