Arabinda Kumar Sahu vs Government Of Orissa
2021 Latest Caselaw 11287 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 SAO No.20 of 2019


            Arabinda Kumar Sahu.                 ....           Appellant
                                            Mr.Soumya Mishra, Advocate
                                       -versus-
            Government of Orissa, represented ....              Respondents
            by Chief Secretary, Orissa
            Secretariat, G.A. Department & Ors
                                                      Mr.U.K.Sahoo, ASC
                             CORAM:
                      JUSTICE BISWANATH RATH
                                     ORDER

03.11.2021 Order No. I.A.No.52 of 2019

09. 1. This is an application for condonation of delay in filing the SAO.

2. Undisputedly, in first round of litigation, SAO No.06 of

2018 was filed on 4.4.2019 involving a challenge to the lower

appellate court order dated 03.01.2018. Undisputedly, said appeal

was filed in absence of certified copy of the impugned order therein.

After waiting for a long period when the certified copy of the

impugned orders were not filed, on the request of appellant, he was

permitted to withdraw the appeal vide SAO No. 06 of 2018 on

2.08.2019 with liberty to approach this Court in case of any cause

of action still survives. The subsequent SAO at hand came to be

// 2 //

filed on 24.12.2019. Certified copy of trial court judgment and

decree and lower appellate court judgment and decree appear to have

been applied on 30.9.2019 and 18.10.2019 respectively, as clearly

borne from the certified copies appended to SAO No.20 of 2019.

3. Considering the rival contentions of the parties, this Court is

unable to appreciate as to when first round of SAO No.06 of 2018

was filed in this Court on 4.4.2018 even after knowing that the

appellant therein was not in a position to file certified copies of the

impugned orders, unfortunately, even there was no application for

obtaining certified copies of the impugned orders by the date

02.08.2019 till SAO is directed to be withdrawn. It is only after

withdrawal of SAO No.06 of 2018, sometimes after almost 2 and

half months the appllant is applying the copy of the trial court

judgment on 30.9.2019 and thereafter two and half months after

disposal of the SAO applied certified copy of the lower appellate

court order. It appears, there is deliberate negligence on the part of

the appellant for applying certified copies of the judgment and

decrees involved herein. Even after coming to know that his first

attempt in the SAO No.06 of 2018 has been withdrawn in absence of

filing of certified copies.

// 3 //

4. Going through the explanation causing delay, this Court

finds there is deliberate negligence on the part of the appellant

having 600 and some odd days delay in the meantime. Entering an

appeal with such huge delay will lead to unnecessary harassment to

the opponent. This Court thus is not inclined to force a party

enjoying a civil court decree in his favour almost two years back.

Further, the SAO having involved a remand order, there is also no

substantial prejudice to the appellant. He has ample opportunity to

contest the remand proceeding. It is in the above view of the matter,

this Court is not inclined to condone the delay in filing the SAO

No.20 of 2019, which is dismissed accordingly.

(Biswanath Rath) Judge

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