Orissa High Court
Chairman And M.D. vs Jajna Nath Sahu on 3 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.950 of 2021
Chairman and M.D., UCO Bank .. .... Appellants
& Others
Mr. Subrat Mishra, Advocate
-versus-
Jajna Nath Sahu ...... Respondent
Mr. H.B. Das, Advocate
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
03.08.2023
Order No. I.A. No. 2326 of 2021
06.
1. This matter is taken up through hybrid mode on Special Notice.
2. Heard Mr. Subrat Mishra, learned counsel appearing for the
applicants, the appellants, and Mr. H.B. Das, learned Legal Aid
Counsel appearing for the respondent [the writ petitioner].
3. This is an application under Section 5 of the Limitation Act for
condonation of delay. According to the Stamp Reporter, the delay is
643 days in filing the intra-court appeal challenging the order dated
05.02.2020 delivered in W.P.(C) No. 3669 of 2002 by the learned
Single Judge. But it appears that no waiver or exemption has been
allowed by the Stamp Reporter in view of the judgment passed by the
Supreme Court in suo motu Cognizance for Extension of Limitation
[the order dated 23.03.2020 and 23.09.2021]. The Hon'ble Apex Court
has given a general waiver for the pandemic imperatives for the period
from 15.03.2020 to 20.02.2022. The order challenged in this appeal
was delivered on 05.02.2020 but the appeal was filed on 09.12.2021.
The stamp reporter has recorded that there is a delay of 643 days in
filing the intra-court appeal for the reason that the prescribed limitation
for filing the intra-court appeal expired before the general waiver came
into effect. The appeal was supposed to be filed on or before 06.03.2020
as the period of limitation is 30 days. But the appeal was presented on
09.12.2021. The general waiver of limitation as granted by the Hon'ble
Supreme Court is due to the reason that public life was totally paralyzed
for the pandemic situation and hence, that was treated as sufficient
cause. If that period is deducted from the entire period of limitation,
then there will be a delay of only 9 days.
4. Mr. Mishra, learned counsel has also pointed out that on the day
i.e. 05.02.2020 when the order was passed, there was no representation
from the appellants, they became aware of the order on 02.09.2020,
when a copy was sent by the Registry.
5. Mr. Das, learned counsel appearing for the opposite party no.1
has emphatically stated that if the period of limitation expired before the
pandemic situation, the waiver will not be available to the applicant.
We are not persuaded by such objection, as the waiver constitutes good
cause as paralysis of ordinary life has been taken into cognizance by the
Hon'ble Supreme Court while granting that general waiver.
6. In terms of the above observations, we condone the delay.
7. In the result, this application stands allowed.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
W.A. No. 950 of 2021
07.
1. Heard Mr. Subrat Mishra, learned counsel appearing for the
appellants and Mr. H.B. Das, learned counsel appearing for the
respondent.
2. Hearing is complete and judgment is reserved.
(S. Talapatra)
Judge
Signature Not Verified
Digitally Signed
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant (Savitri Ratho)
Reason: Authentication
Location: Orissa High Court Judge
Date: 10-Aug-2023 19:48:35
Puspa
