The High Court of Orissa granted the petitioner an extension of fifteen days to file an appeal, noting that the delay could be condoned. The application was disposed of without further coercive action.
Extension of time for fifteen days to file appeal with delay application.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28715 of 2021
Shashi Pradhan ..……. Petitioner Mr. S.K. Mahanty, Advocate -Versus- State of Orissa & others ..…….. Opp. Parties Mr. D. Nayak,
Addl. Government Advocate
CORAM:
JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO
ORDER
19.12.2022
Order No. 02.
1. This matter is taken up through Hybrid Mode. 2. Mr. S.K. Mahanty, learned counsel appearing for the
petitioner has stated that the petitioner could not file the appeal, along
with an application for condonation of delay, in terms of the order dated 19.01.2022 within the stipulated time.
3. In the said order dated 19.01.2022, it was observed that this order which was challenged in the writ petition being W.P.(C) No.28715 of 2021 was appellable in nature. It was directed that the petitioner might file appeal before the competent authority within two
weeks from the date of that order. It had been further observed that the question of delay in filing the appeal should be considered in
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accordance with law, if any application for condonation of delay was filed. For a period of two months from the date of the said order, no coercive action should be taken against the petitioner.
4. Mr. Mahanty, learned counsel has submitted that for unavoidable circumstances, the appeal could not be preferred and hence, this Interlocutory Application being I.A. No.9803 of 2022 has been filed for extension of time.
5. We are not satisfied as regards the grounds assigned in this
application for extension of time.
6. However, since the delay can be condoned, if the petitioner
files an application for condonation of delay, that shall be considered in accordance with law.
7. We would allow the petitioner further fifteen days time from
today to file the appeal. If there is delay, due application would be filed for consideration by the competent authority.
8. In terms of the above, this application stands disposed of.
9. Mr. D. Nayak, learned Addl. Government Advocate has
appeared for the opposite parties.
(Savitri Ratho) Judge
Subhasis
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1 issue framed by the court
Whether the petitioner's application for extension of time to file an appeal with condonation of delay ought to be allowed.
Shashi Pradhan
State of Orissa
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
