Union Of India v. Samiula Khan

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.518 of 2017 Union of India ....

Appellant Mr. M.K. Pradhan, C.G.C. for UoI -versusSamiula Khan and another ....

Respondents Mr. B.N. Samantaray, Advocate for Respondent Nos.1 & 2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

22.11.2022 Order No.

06.

1. Heard Mr. M.K. Pradhan, learned C.G.C. for the AppellantUnion of India and Mr. B.N. Samantaray, learned counsel for the Respondent Nos.1 & 2.

2. This Court by order dated 5.02.2020 directed for payment of cost of Rs.500/- as the condition to condone the delay in filing the appeal.

3. Mr. Samantaray, learned counsel for the Respondent Nos.1 & 2 submits that the cost has not been paid till date.

4. Mr. Pradhan, learned C.G.C. submits that he has no instruction on the same.

5. Since the cost has not been paid in terms of the direction of this Court dated 5.02.2020, limitation is not condoned.

6. Accordingly, the appeal is dismissed on the ground of limitation.

( B.P. Routray) Judge B.K. Barik