Dismissed¶30

Jitendriya Mohanty v. Soumyarashmi Panigrahi

Orissa HC12 Mar 2025TRPCRL/35/2024

Case brief

AI extract

What is this about?

Transfer petition (TRPCRL) dismissed after unsuccessful court-annexed mediation; petitioner non-cooperative and rigid; petitioner absent on repeated calls; interim stay order dated 09.07.2024 vacated; Registry directed to communicate order; Cr.P No.62 of 2023 to proceed forthwith in Family Court-II, Bhubaneswar; mediation report dated 10.09.2024; income tax return figures Rs.17,68,390/- (2021-2022) and Rs.20,94,240/- (2022-23) disclosed via memo; High Court of Orissa at Cuttack; Justice Murahari Sri Raman.

What did the court decide?

None to the petitioner; the interim order dated 09.07.2024 stands vacated and the Registry is to communicate the order so that Cr.P.No.62 of 2023 proceeds forthwith before Family Court-II, Bhubaneswar. ¶30

Jitendriya Mohanty Vs Soumyarashmi Panigrahi — Orissa HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.35 of 2024

¶2

Jitendriya Mohanty

¶3

…. Petitioner None

¶4

-versus-

¶5

Soumyarashmi Panigrahi

¶6

…. Opposite Party

¶7

Mr. Bishnu Prasad Pradhan, Advocate

¶8

CORAM:

¶9

Order No. 08.

¶10

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER

¶11

12.03.2025

¶12

This matter is taken up through Hybrid Mode.

¶13

This Court vide order dated 09.07.2024 referred the matter for resolution amicably before the Orissa High Court Mediation Centre. It is also instructed to the parties to appear pursuant to notice of the Mediator and render cooperation in the mediation process. In the said order it is further directed stay of further proceeding in Cr.P No.62 of 2023 pending in the Court of the learned Judge, Family Court-II, Bhubaneswar.

¶14

On perusal of office note reveals that the letter bearing No.1897 dated 11.09.2024 is issued from the Coordinator, High Court of Orissa Mediation Centre. The Mediation report dated 10.09.2024 reveals as follows:-

¶15

“In pursuant to the order dated 09.07.2024 of the Hon’ble High Court, the mediation proceeding was held on 08.08.2024, 27.08.2024 and today i.e. on 10.09.2024 in more than five different sittings (includes both single and joint sittings).

¶16

Both the parties are present along with their respective counsels before the High Court of Orissa

¶17

Page 1 of 3

¶18

Mediation Centre, Aain Seva Bhawan, Cuttack.

¶19

During the course of mediation, the petitioner is very rigid not to settle the dispute between the parties in any manner. The petitioner had played Hide and seek role with the mediator and his conduct is very suspicious.

¶20

Though, I have tried my level best to settle the dispute between the parties amicably through this mediation, but the petitioner with an ulterior motive tried to mislead the mediation proceeding by adopting various tactics.

¶21

The Opp. Party filed the income tax return to the petitioner for the year 2021-2022 at the rate of Rs.17,68,390/- and for the year 2022-23 at the rate Rs.20,94,240/-, but the petitioner is not in a position to pay a legitimate amount to the opp. Party towards full and final settlement. The copy of the income tax return of the petitioner filed by the opp. Party in shape of memo is kept on record.

¶22

As the petitioner is not cooperating with the mediation in a proper manner, with a heavy heart I became unsuccessful to settle the dispute between the parties amicably.

¶23

Hence the mediation became unsuccessful.

¶24

Office of the Mediation Centre is requested to submit this report before the Hon’ble Court for kind perusal.

¶25

Free copy of this order be provided to the parties.”

¶26

As it appears from the mediation report there was noncooperation by the Petitioner. Today, the matter is listed before this Court for further proceeding.

¶27

None appeared for the Petitioner on repeated calls.

¶28

Mr. Bishnu Prasad Pradhan, learned counsel for the Opposite party submitted that due to non-cooperation of the petitioner, the mediation between the parties could not be successful.

¶29

Page 2 of 3

¶30

Faced with aforesaid situation, this Court dismissed the TRPCRL No.35 of 2024.

¶31

The interim order passed earlier vide order dated 09.07.2024 stands vacated.

¶32

Registry may communicate this order to the Court of the learned Judge, Family Court-II, Bhubaneswar shall proceed in Cr.P.No.62 of 2023 forthwith.

¶33

(M.S. Raman) Judge

¶34

Suchitra

¶35

Signature Not Verified

¶36

Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Mar-2025 11:31:48

¶37

Page 3 of 3

Jitendriya Mohanty v. Soumyarashmi Panigrahi

Case brief

What is this about?

What did the court decide?

Jitendriya Mohanty v. Soumyarashmi Panigrahi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Buchi Amma Vs Collector, Malkangiri

Rashmi Ranjan Nayak Vs State of Odisha

Nihar Ranjan Pattanaik Vs State of Odisha

B.Nagarjun Vs Orissa Hydropower Co.

Sushanta Kumar Pattnaik Vs State of Odisha

Tulika Mohanty Vs Srikumar Shaktidatta Mohanty