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Orissa High Court

Odisha State Financial Corporation vs Madhusudan Lenka on 9 May, 2023

Author: G. Satapathy

Bench: G. Satapathy

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.A. No. 271 of 2021
            Odisha State Financial Corporation,    ....          Appellant
            Cuttack
                                    Mr. Sumitra Mohanty, Senior Advocate
                                      -versus-
            Madhusudan Lenka                       ....        Respondent
                                                                   None
                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE G. SATAPATHY
                                         ORDER

Order No. 09.05.2023

02. 1. Against the impugned order dated 10th August, 2017 of the learned Single Judge, the present Appellant had filed SLP(Civil) Diary No.2903 of 2021, which was disposed of on 15th February, 2021 with the following order:

"These matters can be categorized under two heads:

I) The petitions challenging the basic order dt.10.08.2017 where the delay is more than 1100 days and II) The petitions challenging the orders passed by the High Court while exercising contempt jurisdiction where delay is more than 500 days.

CATEGORY I Mr. Ravi Prakash Mehrotra, learned Advocate appearing in support of the petitions seeks leave of this Court to withdraw the matters falling in Category I stating interalia that the petitioners may, if so advised, file writ appeal challenging the basic order dt.10.08.2017.

Prayer accepted. The Special leave petitions falling under Category I are dismissed as withdrawn with liberty as aforesaid.

We have not reflected on merits or demerits of the contentions and the issues are left open to be decided in appropriate proceedings.

CATEGORY II In so far as the matters falling under Category II are concerned, those petitions are dismissed on the ground of delay."

2. Mr. Sumitra Mohanty, learned Senior Counsel appearing for the Appellant points out that the present case falls under Category-I, where the Supreme Court while dismissing the SLP as withdrawn granted liberty to file a writ appeal 'if so advised'. As noted hereinbefore the SLP itself was badly delayed even when it was filed in the Supreme Court nearly four years after the impugned order in 2021. Consequently, the present writ appeal is equally barred by time. Even excluding the time during which the SLP is pending in the Supreme Court and the period during which orders of the Supreme Court for delay in matters due to the Covid-19 pandemic, there is still a delay of 866 days in filing the writ appeal, which has not been satisfactorily explained. The aforementioned order of the Supreme Court of India also does not require this Court to condone the delay.

3. Consequently, I.A. No.722 of 2021 for condonation of delay is hereby dismissed. The writ appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice (G. Satapathy) Judge Subhasmita Digitally signed by SUBHASMITA SUBHASMITA DAS DAS Date: 2023.05.10 10:27:38 +05'30' Page 2 of 2