Gouri Prasad Das @ vs State Of Odisha .... Opposite Parties
2026 Latest Caselaw 3029 Ori

Orissa High Court

Gouri Prasad Das @ vs State Of Odisha .... Opposite Parties on 30 March, 2026

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       CRLREV No.94 of 2026

        Gouri Prasad Das @              ...                    Petitioner
        Gouri Das
                                                Mr. A. Ray, Advocate


                                   -versus-
        1. State of Odisha             ....             Opposite Parties
        2. Udaya Chandrika
                                                Mr. S. Panigrahi, ASC
                                              Mr. A. Mishra, Advocate

                             CORAM: JUSTICE V. NARASINGH
                               ORDER

30.03.2026 Order No.

05. 1. Heard learned counsel for the Petitioner, learned counsel for the State as well as Opposite Party No.2.

2. Learned counsel for the Petitioner places on record the application filed before the learned Appellate Court claiming for waving of the interim compensation payable "under Section 143A of the NI Act".

It is submitted by the learned counsel for the Petitioner that inadvertently the Section 148A of the NI Act has been wrongly mentioned as 143 of the NI Act in the opening paragraph of the application and, in fact, curiously enough the application starts with

paragraph-12 and such mistake is also noticed in other paragraph as well as the prayer.

3. It is further submitted by the learned counsel for the Petitioner that the same is out of inadvertence and, in fact, the same was an application under Section 148 of the NI Act.

4. He also places on record the judgment of the Apex Court in the case of Jamboo Bhandari vrs. Madhya Pradesh State Industrial Development Corporation Limited and ors. reported in 2023 10 SCC 446 on which he heavily relies as well as the memo indicating the factum which ought to have weighed with the Appellate Court in allowing the prayer of the Petitioner for waiver of the stipulation of deposit as envisaged under Section 148A of the NI Act.

5. Learned counsel for the Opposite Party Mr. Mishra opposes the prayer.

6. Hearing is concluded, and order is reserved.

7. Interim order passed earlier shall continue till the pronouncement of the order.

(V. NARASINGH) Judge

Jina

Location: High Court of Orissa Date: 30-Mar-2026 20:29:48