Orissa High Court
Deepak Daga vs Sanjay Nilkanth Derkar & Others on 22 August, 2023
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 2050 of 2023
Deepak Daga ......... Appellant
Mr. D.P. Nanda, Senior Advocate
Versus
Sanjay Nilkanth Derkar & Others .......... Respondents
CORAM:
THE CHIEF JUSTICE
JUSTICE SAVITRI RATHO
ORDER
22.08.2023 Order No.
01. I.A. No. 5546 of 2023 This matter is taken up through Hybrid Mode.
1. Heard Mr. D.P. Nanda, learned Senior Counsel appearing for the applicant.
2. Mr. Nanda, learned Senior Counsel has stated that the grievance as enumerated in the writ appeal emanates from the order dated 17.03.2023 passed by the learned Single Judge in W.P.(C) No. 8079 of 2023, by which the notice was issued to the opposite parties no.2 to 6. As upshot to the said order, an interim order has been passed prohibiting the NCLT from pronouncing the judgment till the next date of listing.
3. It has been observed by the said order dated 17.03.2023 that pendency of the writ petition shall not stand as a bar in hearing the other miscellaneous applications in the meantime. Page 1 of 2 2
4. According to Mr. Nanda, learned Senior Counsel, those observations are not compatible to each other and for that reason, the appellant has filed the appeal by challenging the order dated 17.03.2023.
5. This is an application for condoning the delay of 142 days in preferring the inter-court appeal from the said order dated 17.03.2023. Delay is 124 days as per the stamp report.
6. Having considered the merit of the challenge, we are of the view that this is not a case where we should condone the delay.
7. Accordingly, the petition for delay shall stand dismissed. 02. W.A. No. 2050 of 2023
1. As consequence of the order passed today in I.A. No. 5546 of 2023, the writ appeal is dismissed. However, this matter be placed for appropriate administrative order as it has been stated by Mr. Nanda, learned Senior Counsel that on 14.08.2023, the learned Single Judge has recused from hearing the writ petition.
2. The appellant is at liberty to make any application before the NCLT, Cuttack Bench, Cuttack.
(S. Talapatra) Signature Not Verified Chief Justice Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 23-Aug-2023 10:39:39 (Savitri Ratho) Judge puspa Page 2 of 2