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Judgment
The present appeal arises from the following order dated 7th August, 2014 of the learned Single Judge passed in O.J.C. No.1187 of 2002:
"Heard Shri R.K. Mohanty, learned Senior Advocate for the petitioner and Shri S.K. Ghosh, learned Advocate for opposite party no.1.
On 10.4.2014 the Bank had filed a calculation sheet, pursuant to which a direction was issued to the petitioner to file the calculate sheet.
On 4.8.2014, opposite party no.1-Bank has filed a memo giving details of calculation. From the said calculation sheet, it appears that Rs.3,76,460.55 is outstanding against the petitioner as on 30.7.2014. Mr. Mohanty submits that the petitioner will deposit the said amount within one month from the date of passing of this order.
In view of the above, this Court disposes of the writ petition with a direction to the petitioner to deposit the aforesaid amount within one month from today along with the legal expenses incurred by the Bank towards full and final satisfaction of outstanding dues. It is made clear that if the amount is not paid, the entire outstanding amount will due. After payment of the outstanding dues, the document submitted by the petitioner shall be returned."
After filing the review petition, the Appellant has filed the present appeal which has been pending in this Court for over seven years. For that matter the writ petition was pending before the learned Single Judge for over twelve years. From the list of dates furnished to us by Mr. Nanda, learned counsel appearing for the Appellant, it appears that the cause of action arose way back in 1991 when the Appellant-Bank initiated Dispute Case No.2 of 1991 under Section 68 of the Orissa Co-operative Societies Act, 1962 for realizing Rs.2,03,616.35 up to 30th June, 1990 along with interest @16.5% per annum at quarterly rates along with ancillary expenses totaling to Rs.2,03,786.35/-.
It may be noted that pursuant to the impugned order of learned Single Judge, a sum of Rs.3,76,460.55 which was found to be outstanding as on 30th June, 2014 has in fact been paid by Respondent No.1. The present appeal is on the limited aspect of calculation of the interest amount which according to the Appellant is not consistent with the circulars issued by the Reserve Bank of India from time to time.
One development that has taken place during pendency of the present appeal is that Respondent No.2, i.e. the sole Proprietor of Respondent No.1 died and his LRs have been brought on record.
Due to the long passage of time with the Sole Proprietor of Respondent No.1 having died; with the dispute having been pending over 30 years and further a sum of Rs.3,76,460.55 having in fact been paid to the Appellant, the Court considers it appropriate in the interests of justice to direct that the questions of law raised in the present appeal will be left open for decision in an appropriate case. It is further clarified that the impugned order of the learned Single Judge will not constitute to a precedent.
The writ appeal is disposed of in the above terms.
An urgent certified copy of this order be issued as per rules.