Pranabandhu Dalai vs Baburam Parida
2022 Latest Caselaw 2591 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 RSA No. 237 OF 2018

       Pranabandhu Dalai                          .........        Appellant
                                                  Mr. S. Mohanty, Advocate

                                          -versus-

       Baburam Parida                             ............ Respondent
                                                  Mr.A. R. Dash, Advocate

                               CORAM:
                               JUSTICE V. NARASINGH

                                        ORDER

13.05.2022

I.A. No. 219 of 2022 Order No.

08. 1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel for the Appellant and learned counsel for the Respondent.

3. It is submitted that notwithstanding the operation of the interim order dtd. 03.07.2019 passed in I.A. No. 669 of 2018, the learned Court below mechanically relying on the judgment of the Apex Court in the case of Asian Resurfacing of Road Agency Private Limited and Another versus Central Bureau of Investigation (CBI) is proceeding with the final decree proceeding.

4. Taking note of the letter and spirit of the subsequent clarification of the Apex Court, this Court directs that the interim order dtd. 03.07.2019 passed in I.A. 669 of 2018 quoted hereunder shall continue till the next date;

"As an interim measure, it is directed that there shall be stay of final decree proceeding in T.S. No. 27 of 2002 pending before the court of learned Civil Judge (Sr. Division), Nimapara till the next date."

5. The I. A. is accordingly disposed of.

6. Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Judge

RSA No. 237 OF 2018 Order No.

09. 1. List this RSA No. 237 of 2018 after the ensuing Summer Vacation in the week starting from 11th of July, 2022.

                                                                  ( V.Narasingh )
       Balaram                                                         Judge