Binayak Dash vs Unknown
2022 Latest Caselaw 408 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CMP No.283 of 2021
                 Binayak Dash.                           ....          Petitioner
                                                         Mr.R.K.Rout, Advocate

                                            -versus-

                 G.Swati Patra & another                 ....          Opp.Parties



                                           CORAM:

                             JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   19.01.2022
    3.      I.A.No.287 of 2021

1. This matter is taken up through Video Conferencing mode.

2. This is an application filed by the Petitioner for directing stay of operation of Annexure-9 till disposal of CMP No.283 of 2021.

3. A perusal of the order dated 5th March, 2021 under Annexure- 9 reveals that the said order passed by the learned court below in exercise of power under Section 10 read with Section 151 of the Code of Civil Procedure has been vacated pursuant to the direction of the Hon'ble Supreme Court in Asian Resurfacing of Road Agency Pvt.Ltd. and another-vrs.-Central Bureau of Investigation.

4. Learned counsel appearing for the Petitioner submits that the judgment delivered in the aforesaid case by the Hon'ble Supreme Court is not applicable to the facts of the present case. Further the stay of further proceeding in the suit was granted by specific statutory power provided under the Code of Civil Procedure.

// 2 //

5. In such view of the matter, this Court is inclined to direct that the order dated 5th March, 2021 passed in C.S.No.14 of 2016 shall remain stayed till disposal of the present CMP application.

6. I.A. is accordingly disposed of.

7. As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

RKS                                            ( A.K. Mohapatra)
                                                      Judge