Mahanadi Coal Fields Ltd. v. Claims Commission, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 21368 of 2021 Mahanadi Coal Fields Ltd.

.....

Petitioner Mr. S.S. Kanungo, Adv.

Vs.

Claims Commission, BBSR and others .....

Opposite Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE B.P. SATAPATHY

ORDER

09.12.2022 Order No.

03.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.S. Kanungo, learned counsel for the petitioner. 3.

The petitioner has filed this writ petition challenging the order dated 18.12.2015 passed by the Claims Commission, Coal India Limited under Annexure-1.

4.

Mr. S.S. Kanungo, learned counsel for the petitioner contended that though the order dated 18.12.2015 was challenged in the year 2021 by filing present writ petition, but the writ petition does not suffer from delay and laches. Therefore, the matter may be heard and decided on merit.

5.

Having heard learned counsel for the parties and after going through the records, this Court finds that since the order passed on 18.12.2015 was challenged in the year 2021, the writ petition suffers from delay and laches. But in course of hearing, Mr. S.S. Kanungo, learned counsel for the petitioner stated that most of the relief sought in the present writ petition has already been granted, in view of the order passed by the apex Court in the case of Mahanadi Coal Fields Ltd. V. Mathias Oram and Ors., (M.A. No. 231 of 2019 arising out S.L.P.(C) No. 6933 of 2007 disposed of on 03.11.2022). If that be so, this writ petition stands disposed

of in terms of aforesaid judgment passed by the apex Court. Issue urgent certified copy as per rules.

Ashok (DR. B.R. SARANGI) JUDGE (B.P. SATAPATHY) JUDGE