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Orissa High CourtCMAPL/122/2021disposed off

The United Puri Nimapara Central Co Operative Bank Ltd. v. Prafulla Kumar Pattnaik

2022-03-21Dr. Justice B.R.Sarangi,Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No. 122 of 2021 The United Puri-Nimapara Central Co-operative Bank Ltd.Pinakdhar Samantaray .....

Petitioner Mr. Baidhar Sahoo, Advocate Vs.

Prafulla Kumar Pattnaik .....

Opposite party Mr. S. Dash, Advocate

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

21.03.2022 CMAPL No.122 of 2021 And I.A. No.14 of 2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the parties.

3.

This CMAPL has been filed for restoration of W.P.(C) No.4399 of 2012 by recalling the order dated 13.09.2019.

4.

This application has been filed after a delay of 649 days. On perusal of the records, there is delay of 649 days in filing the CMAPL application and each day delay has not been properly explained.

5.

In view of the judgment passed by this Court in State of Orissa and another v. Bishnupriya Routray and another, 118 (2014) CLT 588, this Court is not inclined to condone the delay of 649 days in filing the CMAPL application.

6.

Accordingly, the I.A.

stands rejected and consequentially, CMAPL stands dismissed.

...........................

(DR. B.R. SARANGI) JUDGE Alok /Puspa .....................................

(SAVITRI RATHO) JUDGE