Ananta Charan Sahoo vs Land Acquisition Officer And
2021 Latest Caselaw 12031 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             ARBA No.4 Of 2018
                           (Through hybrid mode)

        Ananta Charan Sahoo                    ....            Appellant

                                             Mr. A.K. Mishra, Advocate

                                  -versus-

        Land Acquisition Officer and           ....         Respondents
        others
                                              Mr. A. Pattnaik, Advocate


                 CORAM: JUSTICE ARINDAM SINHA
                                 ORDER

23.11.2021 Order No.

6. 1. Mr. Mishra, learned advocate appears on behalf of appellant

and submits, the appeal is preferred against judgment dated 14th

December, 2017 made under section 34, Arbitration and Conciliation

Act, 1996. He submits, petitioner having been aggrieved by the award

had approached the District Judge under section 34. The learned Judge

did not fully appreciate contentions of appellant and therefore the

appeal. Mr. Pattnaik, learned advocate appears on behalf of

respondents and submits, his clients had also filed appeal against

impugned judgment because the learned Judge dealt with the

// 2 //

challenge as if it was an appeal. He submits, the Court adjudicating a

challenge under section 34 does not have powers of appellate Court.

2. It transpires that respondents' appeal ARBA no.18 of 2018

stood dismissed by operation of order dated 13th July, 2018. By said

order defects were directed to be removed within a week, failing

which the appeal would be dismissed without further reference to the

Bench.

3. In facts and circumstances above, Court made observations and

queries of parties. Respondents are to issue instruction regarding

whether they will forbear from taking steps to restore its appeal. This

direction because appellant has assured Court that on such

consideration, appellant will not press this appeal. Adjournment is

granted for parties to obtain instructions and submit.

4. List on 1st December, 2021.

(Arindam Sinha) Judge Sks