The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK W.P.(C) No.7481 of 2024 Kalpesh Rana ....... Petitioner -Versus- Bidyadhar Mahanta & others ....... Opp. Parties For Petitioner : Mr. B.P. Mohanty, Advocate For Opp. Parties : None ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA ----------------------------------------------------------------------------- Date of Hearing & Judgment: 26.07.2024 ------------------------------------------------------------------------------- S.K. Mishra, J. 1. The Writ Petition has been preferred challenging the order dated 02.12.2023 passed in C.M.A.
Facts
No.30 of 2015, arising out of M.J.C. No.8 of 2007, which arises out of M.A.C. Case No.78 of 1993. A prayer has been made to set aside the order dated 02.12.2023 W.P.(C) No.7481 of 2024 Page 1 of 9 passed by the 4th M.A.C.T, Puri in C.M.A. No.30 of 2015 and pass further order, as deemed fit and proper. 2. The factual matrix, which led to filing of the present Writ Petition, is that pursuant to interim order dated 05.10.2023 passed in W.P.(C) No.35842 of 2022, the Petitioner produced the said order before the Claims Tribunal on 10.10.2023. However, instead of preponing the date and acting in terms of the order passed by this Court and making endeavor to conclude the same within the time fixed, as directed by this Court, the Claims Tribunal ordered to put up the matter on the date fixed i.e. 02.12.2023. However, since this Court had ordered for disposal of the C.M.A. No.30 of 2015 within six weeks from the date of the said order, which had already expired by 02.12.2023, as the conducting Counsel for the
Legal Reasoning
from the said order dated 05.10.2023 passed by this Court in W.P.(C) No.35842 of 2022. 7. As it further revealed from order dated 02.12.2023 passed in C.M.A. No.30 of 2015, the Claims Tribunal has observed vide the said order that as per the direction of this Court, six weeks time has already expired on 20.11.2023, for which the Presiding Officer himself is responsible and such a plea that the record was already posted to 02.12.2023 from 22.09.2023, seems to be deliberate to justify his wrong doing W.P.(C) No.7481 of 2024 Page 5 of 9 and not acting in terms of order dated 05.10.2023 passed by this Court in W.P.(C) No.35842 of 2022. That apart, the impugned order dated 02.12.2023 does not indicate as to why the 4th M.A.C.T, Puri did not act in terms of order dated 05.10.2023 passed in W.P.(C) No.35842 of 2022 to conclude the hearing of C.M.A. No.30 of 2015 by preponing the date from 02.12.2023 to 10.10.2023 and refixing the date of hearing to ensure disposal of C.M.A. No.30 of 2015 within six weeks from the date of order dated 05.10.2023 and ask for extension of time, if so required. Apart from the said facts, as detailed above, as
Arguments
Applicant namely, Mr. Pravat Kumar Mohapatra was ill, he deputed his associate Mr. Purna Chandra Das to participate in the hearing of the said case on his behalf. Though his Associate was present in the Court on 02.12.2023, the Claims Tribunal did not allow Mr. Das, W.P.(C) No.7481 of 2024 Page 2 of 9 Associate of Mr. P.K. Mohapatra, to conduct the said case and dismissed C.M.A. No.30 of 2015 for default. 3. Mr. B.P. Mohanty, learned Counsel for the Petitioner submits, vide order dated 22.09.2023 though C.M.A. No.30 of 2015 stood adjourned to 02.12.2023, on production of order dated 05.10.2023 passed by this Court in W.P.(C) No.35842 of 2022 on 10.10.2023, the 4th M.A.C.T., Puri, instead of preponing the case date already fixed to 02.12.2023, chose to take up the matter on the date fixed in terms of its earlier order dated 22.09.2023. On 02.12.2023, though the Associate of the conducting Counsel, who has no power in the said case, was present before the Claims Tribunal, the C.M.A. No.30 of 2015 was dismissed for default on the ground that no step has been taken by the learned Counsel in spite of direction given by this Court. 4. In view of such submission made by the learned Counsel for the Petitioner, it would be apt to extract below order dated 05.10.2023 passed by this Court in W.P.(C) No.35842 of 2022. W.P.(C) No.7481 of 2024 Page 3 of 9 “2. Mr. Mohanty, learned Counsel for the Petitioner appears through virtual mode and submits, at his instance the coordinate Bench, vide order dated 27.07.2023, observed that interim order passed in this case shall also be applicable to MAC Nos.78, 79, 144 & 145 of 1993. Mr. Mohanty further submits, as Restoration Applications are pending in those cases the order dated 27.07.2023 may be modified permitting the Court below to proceed with those Restoration Applications filed in those MAC cases, as detailed above. 3. In view of such submission made by the learned Counsel for the Petitioner, the is hereby order dated 27.07.2023 modified/clarified to the effect that proceed court expeditiously the of Restoration Applications filed in MAC Nos.78, 79, 144 & 145 of 1993 and dispose of the same at the earliest, preferably within six weeks hence”. to dispose below shall (Emphasis Supplied) 5. Admittedly, as is revealed from the order dated 10.10.2023, passed in C.M.A. No.30 of 2015, the order dated 05.10.2023 was produced before the 4th M.A.C.T, Puri on 10.10.2023. The said order, being relevant, is extracted below:- “Order dated 10.10.2023 Advocate for the Petitioner files an order passed by Hon’ble High Court in WP(c) No.35842 of 2022 dtd 05.10.2023. Order be tagged with record. Put up on date fixed”. (Emphasis Supplied) W.P.(C) No.7481 of 2024 Page 4 of 9 6. Though a direction was given by this Court vide order dated 05.10.2023 to conclude the hearing in restoration applications filed in M.A.C. Nos.78, 79, 144 & 145 of 1993 at the earliest, preferably within a period of six weeks from the date of the said order and C.M.A. No.30 of 2015 is related to M.A.C. Case No.78 of 1993, unfortunately, the 4th M.A.C.T, Puri, on production of order dated 05.10.2023 of this Court on 10.10.2023, instead of acting in terms of direction given by this Court dated 05.10.2023 in W.P.(C) No.35842 of 2022, casually ordered on 10.10.2023 in C.M.A. No.30 of 2015 to tag the said order to the record and put up the same on the date fixed i.e. 02.12.2023, which is admittedly after six weeks
Decision
pleaded in the Writ Petition, since the conducting Counsel for the Petitioner Mr. Pravat Kumar Mohapatra was ill, in view of the order passed by this Court, he deputed his associate Mr. Purna Chandra Das to participate in the hearing. But the Presiding Officer, 4th M.A.C.T., Puri did not allow him to participate in the hearing on the ground that he has no power in the said case and accordingly, dismissed the C.M.A. No.30 of 2015 on the ground of not taking steps in spite direction given by this Court. The said order passed by the 4th M.A.C.T, Puri, being relevant, is extracted below:- W.P.(C) No.7481 of 2024 Page 6 of 9 “CMA 30/15 02.12.2023 the previous date The case record is put up today for hearing. The petitioner is found absent on repeated calls at regular intervals. No step has been taken from the side of the petitioner. The Hon’ble Court in W.P.(C) 35842 of 2022 vide Order No.4 dtd. 05.10.2023 has directed to dispose of this case within six weeks. The petitioner has not taken any steps since the date of receipt of Order of the Hon’ble High Court. On i.e. on 22.09.2023 the petitioner was not present and no steps were taken. As per the direction of the Hon’ble Court six weeks has already expired on 20.11.2023. As the record was to already 02.12.2023 from 22.09.2023 before the receipt of the Order of the Hon’ble Court the record was put up today for hearing. Today also no step has been taken in spite of the direction of the Hon’ble Court. No step has been taken from the side of the petitioner to proceed with the hearing of this case. From this it appears that the petitioner is not interest to proceed with this case. As the time fixed by the Hon’ble Court has already expired and the petitioner has not taken any step, I think fit and proper to dismiss this case for default on the part of the petitioner. Accordingly, this case stands dismissed for default on the part of the petitioner.” posted (Emphasis Supplied) 8. Admittedly, the observation made in the above order is contrary to order dated 10.10.2023 passed in C.M.A. No.30 of 2015, which well demonstrates that after passing of the order dated 05.10.2023 by this Court, immediately W.P.(C) No.7481 of 2024 Page 7 of 9 thereafter i.e. on 10.10.2023 the Petitioner produced the said order before the M.A.C.T. Hence, in view of the specific stand taken in the Writ Petition so also conduct of the Presiding Officer, 4th M.A.C.T., Puri, as detailed above, this Court is inclined to set aside the order dated 02.12.2023 passed in C.M.A. No.30 of 2015. 9. The Claims Tribunal is directed to reconsider C.M.A. No.30 of 2015 for restoration of M.J.C. No.8 of 2007 afresh giving due opportunity of hearing to the Petitioner. 10. It is made further clear that on production of the certified copy of this order, the 4th M.A.C.T., Puri shall do well to conclude the hearing of the said case within eight weeks from the date of production of the certified copy of this order. 11. With the said observation, the Writ Petition stands allowed and disposed of. 12. In view of the conduct of the Presiding Officer, 4th M.A.C.T, Puri, as detailed above, the Registrar (Judicial) is directed to call for a report from the concerned Presiding Officer, 4th M.A.C.T, Puri in a sealed cover, to be submitted within four weeks hence, as to why it failed to act in terms of order passed by this Court on 05.10.2023 in W.P.(C) No.35842 of 2022 to ensure conclusion of the proceeding in W.P.(C) No.7481 of 2024 Page 8 of 9 C.M.A. No.30 of 2015 within the stipulated period and produce the same before this Court for further action. 13. Urgent certified copy of this order be granted on proper application as per rules. ….….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack The 26th July, 2024/Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 31-Jul-2024 16:34:36 W.P.(C) No.7481 of 2024 Page 9 of 9