MIDEAST INTEGRATED STEEL LIMITED AND ORS. Vs. INDUSTRIAL PROMOTION & INVESTMENT CORPORATION OF ORISSA LIMITED

JUDGEMENT

(1.) This appeal seeks to challenge the judgment dated 24.12.2014 of the learned Single Judge of this Court in Regular First Appeal No. 23 of 2010 which was filed invoking the civil appellate jurisdiction of the High Court.

(2.) Learned Senior Counsel relied on judgment of the Division Bench of this Court in Special Land Acquisition, Officer, Talcher & Ors., v. Tankadhar Mana Bhoi & Ors.,2003 Supp OrissaLR 337 wherein on 7.3.2003 it was held by the Division Bench of this Court that the bar created by Section 100-A of the Code would have operation only in case suits are instituted subsequent to 1.7.2002.

(3.) It was however, fairly submitted by learned Senior Counsel that the aforesaid views have been expressed in several subsequent judgments which have to be taken note of by this Court. The Full Bench of this Court in Mahammed Saud & Ors., Dr. (Maj) Shaikh Mahfooz & Anr., 2008 2 OrissaLR 725, clearly held that after introduction of Section 100-A in the Code of Civil Procedure by Amendment Act 22 of 2002, no Letters Patent Appeal is maintainable against the judgment/order/decree passed by the learned Single Judge. The Full Bench has relied upon the observations made by the Apex Court in Kamal Kumar Dutta & Anr. v. Rubby General Hospital Ltd., 2006 7 SCC 613 for the proposition that the Parliament, while amending Section 100-A of the Code of Civil Procedure by Amendment Act 22 of 2002 with effect from 1.7.2002, took away the Letters Patent power of the High Court in the matter of appeal against an order of a learned Single Judge to the Division Bench.