Debadatta Mohapatra & Ors vs The State Consumer Disputes
2023 Latest Caselaw 14289 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                      W.P.(C) No.36323 of 2023

        Debadatta Mohapatra & Ors.            ....          Petitioners
                                              Mr. P. K. Tripathy, Adv.
                               -versus-
        The State Consumer Disputes     ....     Opposite Parties
        Redressal Commission
        (SCDRC), Cuttack & Ors.
                                     Mr. G. R. Mohapatra, A.S.C.

                  CORAM:
                  DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

Order                            10.11.2023
No.
 01.    1.      This   matter    is   taken   up    through     hybrid

        arrangement.

        2.      Heard.

3. In this Writ Petition, the Petitioners challenge the

legality and propriety of the order no.8 dated 25.05.2022

passed in F.A. No.299/2011 under Annexure-5 series by

learned SCDRC, Cuttack/Opposite Party no.1 in

dismissing the First Appeal preferred by the Petitioners

against the order of Learned DCDRF, Bolangir/Opposite

Party No.2, for default for non-appearance of one date,

the order dated 24.08.2023 passed in R.A. No.390/2022

under Annexure-7 arising out of F.A. No.299/2011

// 2 //

holding not maintainable in view of the facts stated above

and provisions of C.P. Act, 2019 and the direction of

learned DCDRC, Bolangir in Execution Application

No.03/2023 (arising out of C.C. No.01/2010 disposed of on

28.04.2011) to arrest the Petitioners and produce him

under Annexure-8.

4. Learned counsel for the Petitioners bringing notice

to this Court submits that in the light of the Judgment

dated 18.10.2023 in W.P.(C) No.6025 of 2023 (Bargarh

Sub-Divisional House Building Co-Operative Society

Ltd., Bargarh Vs. State of Odisha and Others) passed by

this Court, the Petitioners should have been decided on

merit, even if the Petitioners were not appearing.

5. In such view of the matter, let notice be issued to

the Opposite Party No.3.

6. Since learned counsel for the State waives of notice

on behalf of the Opposite Party No.3. One extra copy of

the Writ Petition be served on him to take instructions in

the matter.

7. List this matter on 11th December, 2023.

I.A. No.17555 of 2023

8. As an interim measure, it is directed that the

operation of the order dated 08.06.2023 and warrant of

// 3 //

arrest dated 21.06.2023 under Annexure-8 Series passed

by learned DCDRC, Bolangir shall remain stayed till the

next date.

(Dr. S.K. Panigrahi) Judge Sumitra

Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Nov-2023 18:37:59