Harbindar Singh Deengra ….. State of Odisha & Anr v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2069 of 2023 Harbindar Singh Deengra ….. State of Odisha & Anr. Vs. ….. Appellant Mr. M. Kanungo, Sr. Advocate along with Mr. M.R. Dhal, Advocate Respondents
Legal Reasoning
Mr. S.K. Padhi, Sr. Advocate along with Mr. Sharma, Advocate (Respondent No.2) Order No. 03 CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN
Decision
ORDER 16.10.2023 This matter is taken up through hybrid mode. 2. Heard Mr. M. Kanungo, learned Senior Counsel along with Mr. M.R. Dhal, learned counsel appearing for the appellant and Mr. S.K. Padhi, learned Senior Counsel along with Mr. Sharma, learned counsel appearing for respondent no.2-IPICOL. 3. The appellant has filed this writ appeal challenging the order dated 01.06.2023 passed in W.P.(C) No.17700 of 2023 as well as the orders dated 06.07.2023 and 11.08.2023 passed in I.A. No.9762 of 2023 and I.A. No.12247 of 2023 respectively by the learned Single Judge, with a prayer to issue direction to respondent no.2 to accept the offer of the appellant under Annexure-4 to the writ petition. 4. Mr. M. Kanungo, learned Senior Counsel appearing for the appellant contended that the appellant wants to repay the entire loan amount in terms of the order dated 01.06.2023 passed by the learned Single Judge in W.P.(C) No.17700 of 2023. Learned Single Judge, Page 1 of 4 vide order dated 01.06.2023, disposed of the said writ petition granting liberty to the appellant to deposit the entire amount of Rs.7,11,97,800/- within a period of one month from the date of order. Due to non-compliance of the said order within the time stipulated, the appellant filed I.A. No.9762 of 2023 seeking extension of time, which was allowed vide order dated 06.07.2023 granting liberty to the appellant to deposit the entire amount on or before 15th August, 2023 clarifying that no further extension shall be granted. But the appellant could not deposit the entire amount within the time stipulated. Therefore, the appellant again filed I.A. No.12247 of 2023 seeking extension of time by modifying the order dated 06.07.2023 passed in I.A. No. 9762 of 2023. But, the learned Single Judge did not feel inclined to modify the said order and dismissed the said I.A. by clarifying that failure on the part of the appellant to deposit the amount within the stipulated time shall follow the consequences. Therefore, the appellant has approached this Court by filing this writ appeal. 5. Mr. S.K. Padhi, learned Senior Counsel appearing for respondent no.2 vehemently contended that considering the relief sought by the appellant in W.P.(C) No. 17700 of 2023, learned Single Judge, vide order dated 01.06.2023 disposed of the said writ petition granting liberty to the appellant to deposit the entire amount of Rs.7,11,97,800/- within a period of one month from the date of order. But the appellant could not comply with the said order, for which he filed I.A. No.9762 of 2023 for extension of time to deposit the entire amount. Accordingly, this Court, vide order dated 06.07.2023 passed in I.A. No. 9762 of 2023, allowed the appellant to deposit the entire amount on or before 15th August, 2023. Due to non-compliance of the said order, the appellant again filed I.A. Page 2 of 4 No.12247 of 2023 for modification of the said order dated 06.07.2023, but the learned Single Judge did not allow the said I.A. and, on the other hand, clarified that failure on the part of the appellant to deposit the amount within the stipulated time shall follow the consequence. Challenging the said order passed by the learned Single Judge, the appellant has approached this Court by filing this writ appeal, which is not maintainable. 6. Considering the contentions raised by learned counsel for the parties and after going through the records, this Court finds that considering the grievance made by the appellant, learned Single Judge, vide order dated 01.06.2023, disposed of W.P.(C) No.17700 of 2023 granting liberty to the appellant to deposit the entire amount of Rs.7,11,97,800/- within a period of one month from the date of passing of the order. Due to non-compliance of the said order, the appellant sought extension of time by filing I.A. No.9762 of 2023, which was allowed by the learned Single Judge, vide order dated 06.07.2023, granting liberty to deposit the entire amount on or before 15th August, 2023. But the appellant could not comply with the same, for which he again filed I.A. No.12247 of 2023 seeking modification of the order dated 06.07.2023, but, the learned Single Judge, vide order dated 11.08.2023, dismissed the said I.A. clarifying that failure on the part of the appellant to deposit the amount within the stipulated time shall follow the consequences. Now, at this stage, the appellant has approached this Court by filing this writ appeal challenging the order dated 01.06.2023 passed in W.P.(C) No.17700 of 2023 as well as the orders dated 06.07.2023 and 11.08.2023 passed in I.A. No.9762 of 2023 and I.A. No.12247 of 2023 respectively by the learned Single Judge. 7. In the above view of the matter, this Court is of the view that Page 3 of 4 the appellant having agreed to the order dated 01.06.2023 passed in W.P.(C) No.17700 of 2023, subsequently filed I.A. No. 9762 of 2023 for extension of time to comply with the said order, which was allowed, vide order dated 06.07.2023 granting time to deposit the entire amount on or before 15th august, 2023 and due to non- compliance thereof, again the appellant filed I.A. No.12247 of 2023 seeking modification of the said order. Therefore, it cannot be said that the order dated 01.06.2023 passed by the learned Single Judge in W.P.(C) No.17700 of 2023 is bad in law. As such, the writ appeal is not maintainable. Needless to say, in the event the appellant approaches for compliance of the order dated 01.06.2023 passed by the learned Single Judge, respondent no.2 shall take necessary action in accordance with law. 8. With the above observation and direction, the writ appeal stands disposed of. (DR. B.R. SARANGI) ACTING CHIEF JUSTICE Alok (M.S. RAMAN) JUDGE Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Secretary Reason: Authentication Location: orissa high court Date: 16-Oct-2023 17:44:46 Page 4 of 4