Puja Trading Co.,Kolkata vs. Odisha Forest Development Corp. LTD.

This matter is taken up through hybrid mode.

Heard learned counsel for the parties.

The Petitioner has filed this writ petition seeking direction to the Opposite Parties to conduct a joint verification of the goods lying at the go-down of Opposite Party No.3 and provide equal amount of good kendu leafs against the amount paid through auction and also refund the entire amount of Rs.7,22,018/- with GST along with interest @ 18% per annum from the date of payment to the Petitioner.

At paragraph-3 of the order dated 21.11.2023 passed by this Court, it has been observed and directed as follows:- “3. In course of hearing, Mr. S.K.Pattanaik, learned Senior Counsel appearing for the Opposite parties states that the error has been committed due to miscommunication between the lawyer and client. Therefore, anything that has happened is because of the miscommunication. Therefore, he begs apology for this and Mr. Bibhu Kalayan Pattnaik, Law Officer who is appearing in person also regrets for the action taken by the Opposite Parties. At the same time, a proposal has been made by the Opposite Parties intending to compensate the Petitioner by returning the money for the loss caused to it by selling the lots, which is the subject matter of dispute in the present petition. As such, Mr. S.K. Pattanaik, learned Senior Counsel appearing for the Opposite Parties wants to take instructions with regard to refund of money to the Petitioner to compensate the same.”

In compliance of the direction, Mr. S.K. Pattnaik, learned Senior Counsel appearing for Opposite Party No.1 contended that if the Petitioner will approach the authority concerned by filing appropriate application to the extent of loss suffered by the Petitioner, the authority concerned can consider the same and pass appropriate order.

Mr. Om Swarup, learned counsel appearing for the Petitioner contended that the Petitioner may be permitted to file appropriate application for refund of the amount indicating the extent of loss sustained by the Petitioner within fifteen days.

Having heard learned counsel for the parties, this writ petition stands disposed of permitting the Petitioner to file appropriate application before the authority concerned within a period of fifteen days from today indicating the extent of loss suffered by it, so that the authority can consider the same and pass appropriate order within a period of six weeks thereafter. If the authority decides to refund the same amount to the Petitioner, the same shall be refunded within a period of two weeks from the date of such decision.