Saradamani Ray v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No. 403 of 2022 Saradamani Ray ....

Petitioner Mr. Kishore Kumar Jena, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. S. K. Samal, AGA

CORAM:

JUSTICE SANJAY KUMAR MISHRA Order No.

ORDER

08.09.2022 01.

1. This matter is taken up through hybrid mode.

2. This application has been filed for restoration of L.A.A. No. 6 of 2005, dismissed for non-prosecution on 16.08.2022.

3. Mr. A. K. Jena, learned Counsel submits that Mr. S. K. Pattanaik, learned Counsel appearing in the Appeal is suffering from cancer for which the file was returned to the Petitioner with his consent. Mr. A. K. Jena and Associates though rendered appearance on 21.07.2022 by filing Vakalatnama duly executed in their favour, when the Appeal got listed on 16.08.2022, unfortunately the name of Mr. Kishore Kumar Jena and Associates did not appear in the Cause List, for

// 2 // which the learned Counsel for the Appellant could not know about the listing of the said Appeal.

4. In view of such averment made in the restoration application, so also submission made by the learned Counsel for the Petitioner, this CMAPL stands allowed. Accordingly, the L.A.A. No. 6 of 2005, which was dismissed for non-prosecution on 16.08.2022, be restored to file.

(S. K. MISHRA) JUDGE AKPradhan