Jagadish Saran Bose Vs Cuttack Gramya Bank — Orissa HC (2025) — LawSathi Research

Jagadish Saran Bose Vs Cuttack Gramya Bank — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 979 days in filing the CMAPL condoned subject to payment of Rs.5,000/- as cost to the High Court Bar Association Welfare Fund within one week; W.A. No.371 of 2019 restored to file and directed to be listed before the assigned Bench with the approval of the Hon’ble Chief Justice.

Issue for consideration

Whether the delay of 979 days in filing CMAPL No.324 of 2022 ought to be condoned (consolidated interim application / I.A. No.147 of 2022). +2 more

Court's answer

Delay in filing the CMAPL is condoned subject to payment of cost of Rs.5,000/- (rupees five thousand) to be deposited before the High Court Bar Association Welfare Fund by the petitioner within a period of one week.

Ratio / Principle

The prayer in I.A. No.245 of 2025 for amendment correcting the number of days of delay in filing the CMAPL is allowed.

Key takeaways

W.A. No.371 of 2019 is restored to file.ratio¶30
W.A. No.371 of 2019 is to be listed before the assigned Bench with the approval of the Hon’ble Chief Justice.ratio¶32

Detailed headnote1 paragraphs

Orissa High Court (S.K. Sahoo and S.S. Mishra, JJ.), order dated 18.08.2025 in CMAPL No.324 of 2022 (Jagadish Saran Bose v. Cuttack Gramya Bank and another): By I.A. No.245 of 2025 the petitioner sought amendment of the delay condonation application (I.A. No.147 of 2022) to correct the number of days of delay in filing the CMAPL; the Bank raised no objection and the prayer was allowed. The Court condoned the delay of 979 days in filing the CMAPL, subject to payment of Rs.5,000/- as cost to the High Court Bar Association Welfare Fund within one week, and disposed of the I.A. On the main application seeking setting aside of the order dated 03.06.2020 passed by the A.D.R. (J. & E.) in pursuance of the peremptory order dated 21.10.2019, the Court restored W.A. No.371 of 2019 to file, disposed of the CMAPL, and directed that the restored writ appeal be listed before the assigned Bench with the approval of the Hon’ble Chief Justice.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No.324 of 2022

Jagadish Saran Bose …. Petitioner

Ms. P.S. Sinha, Advocate on behalf of Mr. Lalatendu Samantaray, Advocate

-versus-

Cuttack Gramya Bank and …. Opp. Parties another

Mr. Sangramjeet Senapati, Advocate

CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA

Order No.

ORDER 18.08.2025

I.A. No.245 of 2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for amendment for correcting the number of days delay in filing the CMAPL as mentioned in the delay condonation application i.e. I.A. No.147 of 2022.

Learned counsel for the Bank has no objection to the same.

After hearing the learned counsel for the respective

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parties and taking into account the averments taken in the interim application, the prayer is allowed.

Learned counsel for the petitioner has already filed the consolidated interim application indicating the delay of 979 days in filing the CMAPL after serving a copy thereof on the learned counsel for the Bank.

Learned counsel for the Bank has already filed objection.

Accordingly, delay in filing the CMAPL is condoned subject to payment of cost of Rs.5,000/- (rupees five thousand) to be deposited before the High Court Bar Association Welfare Fund by the petitioner within a period of one week.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo)

Judge

( S.S. Mishra)

Judge

CMAPL No.324 of 2022

This is an application filed by the petitioner for setting aside the order dated 03.06.2020 passed by the A.D.R. (J. & E.) in pursuance of the peremptory order dated 21.10.2019 with a further prayer for restoring W.A. No.371 of 2019 to file.

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After hearing the learned counsel for the respective parties and taking into account the averments taken in the CMAPL, W.A. No.371 of 2019 is restored to file.

Accordingly, the CMAPL is disposed of.

W.A. No.371 of 2019 be listed before the assigned Bench with the approval of the Hon’ble Chief Justice.

( S.K. Sahoo)

Judge

( S.S. Mishra)

Judge

RKM

Signature Not Verified

Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 19-Aug-2025 13:13:44

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