Monica Mahapatra Vs Swarnalata Panda — Orissa HC (2024) — LawSathi Research

Monica Mahapatra Vs Swarnalata Panda — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of Crl. Misc. Case No.698/2023 from the court of learned J.M.F.C.-1, Bhubaneswar to the court of learned S.D.J.M., Panposh at Rourkela granted; transferee court to issue notice of appearance to both parties on receipt of records; Opposite Party permitted to seek virtual-mode appearance; personal attendance not to be insisted upon unless absolutely necessary; TRP(Crl) disposed of accordingly.

Issue for consideration

Whether the proceeding in Crl. Misc. Case No.698/2023 pending in the court of learned J.M.F.C.-1, Bhubaneswar should be transferred to the court of learned S.D.J.M., Panposh at Rourkela, on the ground that the Petitioners reside at Rourkela about 500 kms away and find attendance at Bhubaneswar inconvenient on each date of posting.

Court's answer

The transfer application is allowed; the proceeding in Crl. Misc. Case No.698/2023 pending in the court of learned J.M.F.C.-1, Bhubaneswar is directed to be transferred to the court of learned S.D.J.M., Panposh at Rourkela for disposal in accordance with law.

Ratio / Principle

Upon receipt of the records, the learned S.D.J.M., Panposh at Rourkela shall issue notice of appearance to both parties and proceed thereafter.

Key takeaways

It shall be open to the Opposite Party to seek necessary permission for appearing through virtual mode.ratio¶¶23
The Court below shall not insist upon personal attendance of the parties unless absolutely necessary.ratio¶¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, single-judge bench (Sashikanta Mishra, J.), order dated 12.8.2024 in TRP(Crl) No.6 of 2024 (Monica Mahapatra and others v. Swarnalata Panda): after reporting that mediation had become unsuccessful, the court allowed the Petitioners' application to transfer Crl. Misc. Case No.698/2023 pending before learned J.M.F.C.-1, Bhubaneswar to learned S.D.J.M., Panposh at Rourkela, the application having been filed because the Petitioners reside at Rourkela, about 500 kms from Bhubaneswar, and attendance at Bhubaneswar on each date of posting would be inconvenient. The transferee court is directed, upon receipt of the records, to issue notice of appearance to both parties and proceed; the Opposite Party may seek necessary permission to appear through virtual mode; and the Court below shall not insist upon personal attendance of the parties unless absolutely necessary. Urgent certified copy to be granted on proper application. The TRP(Crl) is disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(Crl) No.6 of 2024

Monica Mahapatra and others

..... Petitioners

Represented by Adv. – Mr. M.K.Mishra

-versus-

Swarnalata Panda ..... Opposite Party Represented by Adv.Mrs. Pranamita Bastia

CORAM:

THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

Order No.

12.8.2024.

This matter is taken up through hybrid mode.

Report of the mediator indicates that the mediation proceeding between the parties has become unsuccessful.

The Petitioners have filed this application seeking transfer of Crl. Misc. Case No.698/2023 pending in the court of learned J.M.F.C.-1, Bhubaneswar to the court of learned S.D.J.M., Panposh at Rourkela. The transfer application has been filed on the ground that the Petitioners are presently residing at Rourkela, which is about 500 kms from Bhubaneswar and it

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will be inconvenient for the Petitioners to attend the Court at Bhubaneswar on each date of its posting.

Considering the submissions as above and the grounds cited for transfer of the case, I am inclined to allow the same. The transfer application is allowed. It is directed that the proceeding in Crl. Misc. Case No.698/2023 pending in the court of learned J.M.F.C.-1, Bhubaneswar shall be transferred to the court of learned S.D.J.M., Panposh at Rourkela for disposal in accordance with law.

The learned S.D.J.M., Panposh at Rourkela, shall, upon receipt of the records, issue notice of appearance to both parties and proceed thereafter.

The TRP(Crl) is accordingly disposed of.

It shall be open to the Opposite Party to seek necessary permission for appearing through virtual mode. Further, the Court below shall not insist upon personal attendance of the parties unless absolutely necessary.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge Signature Not Verified

Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Aug-2024 14:13:13

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