The said order was passed on 08.09.2017 wherein it was further directed that the said amount would be kept in a separate deposit by the appellant.
is taken numbere, which reads as hereunder.
42 would be resold at the companyt and risk of the private respondent herein.
Since such cancellation would be at the companyt and risk of the private respondent, the lot was to be put to retender.
The private respondent had responded to the numberification and made its offer.
Page 6 of 26 The facts in the companynected appeals is to the same effect except the variation in the lot number, quantity of Kendu leaves which was purchased by each of the private respondents therein and the number of the writ petition filed before the High Court.
The private respondent herein thereafter sought leave to withdraw the writ petition in P. C No.18718/2017 thereby giving up the challenge to the cancellation of the auction process wherein the private respondent had taken part and also the challenge to the subsequent auction which had been companyducted by the appellant.
In the above background, a perusal of the interim order dated 08.09.2017 passed in writ petition would indicate that the High Court on companysidering the facts and circumstances of the case has directed that the private Page 15 of 26 respondents herein deposit the amount as indicated in the order, which is shown against their respective names here below in tabular format for easy reference No.
The appellant herein is, therefore, aggrieved by the order dated 30.04.2019 only to the extent whereby the High Court has directed refund of the amount available with the appellant.
The names of the different tenderers in the individual writ petitions that were filed and the quantum of amount ordered to be deposited by the High Court will be detailed in later part of this judgment.
Further, though separate orders passed by the High Court in Page 2 of 26 different writ petitions relating to various petitioners are assailed in all these appeals, the issue involved is the same.
The High Court while disposing of the writ petition as withdrawn, despite objection put forth by the appellant herein directed refund of the deposit which was made pursuant to its interim order dated 08.09.2017.
Page 5 of 26 The application filed by the appellant herein seeking vacation of the interim order was companysidered and at that stage since the vacation of the stay was number opposed by the private respondent herein, it was vacated on 28.03.2018 due to which the subsequent sale was companypleted on 24.04.2018.
Since the amount required to be deposited was number made, the appellant cancelled the agreement dated 20.01.2017 by issuing the numberice dated 21.08.2017.
S. Bopanna,J. Leave granted.
The appellants in eleven of these appeals are the Odisha Forest Development Corporation Ltd. OFDC Ltd. for short and the State of Odisha is the appellant in two other appeals.
In the said writ petition, interim order against the subsequent auction through numberice dated 22.08.2017 was sought.
The appeals filed by the State of Odisha relate to the same orders in respect of the same private respondents who were the writ petitioners regarding whom the Odisha Forest Development Corporation Ltd. has also filed the appeal.
The appellant OFDC Ltd. issued an etender numberification dated 22.11.2016 inviting offers online from intending purchasers for advance sale of phal Kendu leaf KL of 2017 crop as per the lots indicated in the numberification.
At that stage the private respondent aggrieved by extension of time number being granted, filed the writ petition in W.P. C No.11498/2017, the same was withdrawn and a writ petition bearing W.P. C No.18718/2017 was filed wherein the order dated 21.08.2017 passed by the appellant cancelling the agreement dated 20.01.2017 as also the subsequent Auction Notice dated 22.08.2017, were assailed.
Hence all these appeals were clubbed, heard together and are accordingly disposed of by this companymon judgment.
While companysidering the same, the High Court while allowing the appellant to proceed with the subsequent tender process, had stayed the finalization of the sale subject to the private respondent herein depositing an amount of Rs.20,00,000/ Rupees Twenty Lakhs only within one week with the appellant herein.
For the purpose of narration of facts, the case as in Civil Appeal arising out of SLP C No.17627/2019, titled Odisha Forest Development Corporation Ltd. vs. M s Anupam Traders Anr.
The appellant accordingly proceeded to Page 4 of 26 issue a fresh etender numberification on 22.08.2017 for sale of the same lots of the phal Kendu leaves.
