This order dismissed an application seeking condonation of delay in filing an appeal due to the absence of requisites for notice issuance and the lapse of over 19 years since the impugned judgment. Consequently, the appeal was also dismissed.
Application for condonation of delay dismissed; Appeal dismissed.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.163 of 2006
State of Odisha & Ors.
…. Appellants
-versus-
Srinibas Khadanga
…. Respondent
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
16.03.2023
Order No
05. Misc. Case No. 258 of 2006
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Appellants.
3. This is an application seeking condonation of delay of more than 2 years and 131 days. Even though notice of the Misc. Case was issued vide order dtd.18.08.2014, but no requisite has been filed for issuance of notice on the Respondent.
4. This appeal has been filed against the Judgment dtd.10.10.2003 passed in GIA Case No. 60 of 2002.
5. Since in the meantime more than 19 years have passed from the date of Judgment and no requisites has been filed for the last 8 years, this Court is not inclined to allow further time for filing of the requisites. Not only that this Court also finds no justifiable
// 2 //
grounds pleaded by the Appellants for condonation of delay in filing the appeal.
6. Therefore, placing reliance on the decision of the Hon’ble Apex Court in the case of Postmaster General & Ors. Vs. Living Media Ltd. & Anr. ((2012) 3 SCC 563) and the decision of this Court in State of Odisha & Ors. Vs. Sales Tax Officer, Cuttack II (W.P.(C) No. 15763 of 2021) , this Court is not inclined to condone the delay in filing the appeal.
7. Misc. Case is accordingly dismissed.
(Biraja Prasanna Satapathy) Judge
06. FAO No.163 of 2006
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Sine this Court is not inclined to condone the delay in filing the appeal, the appeal is accordingly dismissed.
(Biraja Prasanna Satapathy) Judge
sneha
Page 2 of 2
3 issues framed by the court
Whether the delay of more than 2 years and 131 days in filing the appeal should be condoned.
Whether the failure to file requisites for issuing notice justifies condoning the delay.
Whether the appeal against the GIA judgment should be allowed.
Colour shows how this judgement treated each authority
Postmaster General & Ors. Vs. Living Media Ltd. & Anr.Explained¶20
((2012) 3 SCC 563) · Who else cites this
State of Odisha & Ors. Vs. Sales Tax Officer, Cuttack IIRelied on¶20
(W.P.(C) No. 15763 of 2021)
State of Odisha & Ors.
Srinibas Khadanga
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Biraja Prasanna Satapathy
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