The High Court of Orissa dismissed a compromise memory petition filed to challenge an order rejecting an application for restoration of a suit. The court found no merit in the petitioner's claim of lack of notice regarding the case transfer to the Commercial Court.
CMP stands dismissed; prayer for restoring the suit not allowed.
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.
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 24-Jun-2024 14:18:00
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO.361 OF 2024
Dusmanta Behera
…. Petitioner
Mr. Bibekananda Baisakh, Advocate
-versus-
Managing Director., Sun Hospital Pvt. …. Opp. Party Ltd., Cuttack
CORAM:
JUSTICE K.R. MOHAPATRA
Order No.
ORDER 21.06.2024
Page 1 of 3
Signature Not Verified
Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 24-Jun-2024 14:18:00
flimsy grounds. Challenging the said order, this CMP has been filed.
Page 2 of 3
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 24-Jun-2024 14:18:00
fee at the time of filing of the suit. Thus, the ground taken by the Petitioner that due to change of the registration number of the suit, he could not take steps before learned Commercial Court is not sustainable. Further it also appears that intimation of the transfer of the suit was made to the Plaintiff-Petitioner. Thus, the ground that the Petitioner could not know the transfer of the suit is not sustainable. Since no sufficient cause has been shown by the Plaintiff-Petitioner for restoration of the suit by condoning the delay, learned Commercial Court has committed no error in dismissing CMA No.09 of 2023 filed for restoration of the suit vide order under Annexure-1.
(K.R. Mohapatra) Judge
Rojalin
Page 3 of 3
2 issues framed by the court
Whether the petitioner has shown sufficient cause for restoring the suit after dismissal for non-payment of court fee.
Whether the delay in filing the application for condonation of delay is justified due to lack of notice regarding case transfer.
1 provisions across 1 enactments
Dusmanta Behera
Managing Director., Sun Hospital Pvt. Opp. Party Ltd., Cuttack
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
