Single-judge order restoring a dismissed writ petition to file number. The court accepted the petitioner's reason for non-appearance and listed the petition for fresh hearing.
Writ petition restored to file number for hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No.149 Of 2022 (Through hybrid mode)
SBI General Insurance
…. Petitioner
Mr. P.C. Panda Advocate
-versus-
…. Opposite parties Mr. P.V. Balakrishna, Advocate
Mass Samalai Rice Mill and others
CORAM: JUSTICE ARINDAM SINHA
Order
No.
4.
ORDER
28.09.2022
1. Mr. Panda, learned advocate appears on behalf of applicant and
submits, the application is for restoration of the writ petition, dismissed for default by order dated 8th March, 2022.
2. Mr. Balakrishna, learned advocate appears on behalf of the bank (opposite party no.3). He points out, purported reasons have been given in paragraphs 7, 8 and 9 in the application.
3. Applicant has given reason of the writ petition having had been suddenly listed on 4th March, 2022, there was no otherwise communication to engaged learned advocate and hence there was no appearance at the time of call and dismissal.
4. Court chooses not to take exception to the reason given. Applicant must understand that listing of a writ petition, even at
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// 2 //
instance of Court, is sufficient notice. By reason of mounting pendency, there has been request from the bar to suo motu list writ petitions.
5. Since the application has been made in time, Court is inclined to and recalls order dated 8th March, 2022, to restore the writ petition to file and number.
6. The application is disposed of.
7. List the writ petition on 26th October, 2022.
(Arindam Sinha)
Judge
Sks
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2 issues framed by the court
Whether to restore a writ petition dismissed for default.
Whether the petitioner’s explanation for non-appearance justifies restoration.
SBI General Insurance
Mass Samalai Rice Mill
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
