Deepak Daga vs Sanjay Nilkanth Derkar & Others
2023 Latest Caselaw 9769 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.A. No. 2050 of 2023
     Deepak Daga                          .........                  Appellant
                                            Mr. D.P. Nanda, Senior Advocate
                                          Versus
     Sanjay Nilkanth Derkar & Others      ..........              Respondents

     CORAM:
                              THE CHIEF JUSTICE
                              JUSTICE SAVITRI RATHO
                                           ORDER

22.08.2023 Order No.

01. I.A. No. 5546 of 2023 This matter is taken up through Hybrid Mode.

1. Heard Mr. D.P. Nanda, learned Senior Counsel appearing for the

applicant.

2. Mr. Nanda, learned Senior Counsel has stated that the grievance as

enumerated in the writ appeal emanates from the order dated 17.03.2023

passed by the learned Single Judge in W.P.(C) No. 8079 of 2023, by which

the notice was issued to the opposite parties no.2 to 6. As upshot to the

said order, an interim order has been passed prohibiting the NCLT from

pronouncing the judgment till the next date of listing.

3. It has been observed by the said order dated 17.03.2023 that

pendency of the writ petition shall not stand as a bar in hearing the other

miscellaneous applications in the meantime.

4. According to Mr. Nanda, learned Senior Counsel, those

observations are not compatible to each other and for that reason, the

appellant has filed the appeal by challenging the order dated 17.03.2023.

5. This is an application for condoning the delay of 142 days in

preferring the inter-court appeal from the said order dated 17.03.2023.

Delay is 124 days as per the stamp report.

6. Having considered the merit of the challenge, we are of the view

that this is not a case where we should condone the delay.

7. Accordingly, the petition for delay shall stand dismissed.

02. W.A. No. 2050 of 2023

1. As consequence of the order passed today in I.A. No. 5546 of

2023, the writ appeal is dismissed. However, this matter be placed for

appropriate administrative order as it has been stated by Mr. Nanda,

learned Senior Counsel that on 14.08.2023, the learned Single Judge has

recused from hearing the writ petition.

2. The appellant is at liberty to make any application before the

NCLT, Cuttack Bench, Cuttack.

(S. Talapatra) Signature Not Verified Chief Justice Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 23-Aug-2023 10:39:39 (Savitri Ratho) Judge puspa