Bichitra Parida & Ors vs Rabindra Samal & Ors
2023 Latest Caselaw 5774 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                             LAA No.37 of 2021

Bichitra Parida & Ors.               .....                              Appellants
                                                                           None
                                     Vs.
Rabindra Samal & Ors.                .....                            Respondents
                                                        Mr.R.P.Bhagat, Advocate

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                            ORDER

11.05.2023 I.A. No.78 of 2023 Order No. This matter is taken up through hybrid mode.

11.

2. Learned Counsel for the Appellants is absent on repeated calls. However, Mr.R.P.Bhagat, learned Counsel for the Respondent Nos.1 & 2 is present.

3. This I.A. has been filed for extension of the Interim Order dated 01.12.2021 till the next date of hearing of the appeal. The coordinate Bench, vide Order dated 01.12.2021 in I.A. No.92 of 2021, while issuing notice in the Memorandum of Appeal, as an interim, directed that the disbursement of the compensation amount awarded in terms of the impugned judgment shall remain stayed till the next date of listing. Thereafter, when I.A. No.36 of 2022 was moved by the learned Counsel for the private Respondent Nos.1 & 2 for vacation of the said Interim Order passed in I.A. No.92 of 2021, it came to the notice of the learned Counsel for the Appellants that the said Interim Order passed on 01.12.2021 has not been extended further because of his not bringing to the notice of the Court as to expiry of the said order and prayer for extension of the said order.

Knowing so, immediately this I.A. has been filed for extension of Interim Order dated 01.12.2021.

4. Hence, even if the Counsel for the Appellants is absent on repeated calls, this Court is of the view that unless the Interim Order is extended further, there is every possibility that the awarded amount will be disbursed in terms of the order passed by the court below, thereby rendering the present appeal infructuous. Hence, the interim order dated 01.12.2021 passed earlier in I.A.No.92 of 2021 is extended till the next date of hearing.

5. Accordingly, IA, stands disposed of.

                                                                                        (S.K.MISHRA)
                                                                                           JUDGE


Order No.                                                             LAA No.37 of 2021
   11.

1. In view of the order passed in the I.A. No.78 of 2023, the appeal be listed in the week commencing from 3rd July, 2023 under the heading "fresh Admission".

                                                                                            (S.K.MISHRA)
                                                                                               JUDGE

  Banita
                        Digitally signed by BANITA
  BANITA                PRIYADARSHINI PALEI

PRIYADARSHINI PALEI Date: 2023.05.12 19:52:22 +05'30'