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2023 DAILYLAW 962 (ORI)

CUTTACK DEVELOPMENT AUTHORITY v. GITANJALI SWAIN @ NAYAK

WP(C)/29713/2023 · 2026-08-17

Sibo Sankar Mishra

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29713 of 2023 CNR- ODHC010718122023 Cuttack Development Authority & others …. Petitioners Represented by Adv.- Mr. Dayananda Mohapatra, Senior Advocate -versus- Gitanjali Swain @ Nayak & others …. Opp. Parties Represented by Adv.- Mr. Saroja Kanta Mandal, Advocate CORAM: HON'BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. 04 ORDER 17.08.2026 (Hybrid mode) 1. In the present writ petition, the petitioners are assailing the order dated 11.02.2014 passed by the District Consumer Disputes Redressal Fourm, Cuttack in C.C. No.208/2011 and the order dated 17.03.2023 passed by the learned State Consumer Disputes Redressal Commission, Odisha, Cuttack in First Appeal No.144 of 2014. 2. Since there is an alternative remedy under Section 51 of the Consumer Disputes Act, 1985 is available to the petitioners to assail the impugned orders before the learned National Consumer Disputes Redressal Commission, New Delhi, leave is granted to the petitioners to resort to the statutory remedy available to it to approach the learned National Consumer Disputes Redressal Commission. 3. It is made clear that this Court has not expressed any opinion on the merits of the case. All the contentions raised by the parties before this Court in this petition, shall remain open to be urged by the parties before the learned National Consumer Disputes Redressal Commission. 4. Subject to the petitioners filing the appeal before the learned National Consumer Disputes Redressal Commission within one month from today, the Execution Proceeding in Execution Case No.30 of 2023 pending before the learned District Consumer Disputes Redressal Forum, Cuttack shall remain stayed. It is open for the petitioners to move appropriate application before the National Consumer Disputes Redressal Commission seeking stay of the Execution Case. It is expected that the National Consumer Disputes Redressal Commission shall deal with the said application as expeditiously as possible. 5. The Registry is directed to return the certified copies of the impugned orders to the learned counsel for the petitioners by replacing the photocopies of the same. Subhasis 6. With the aforementioned observation, the writ petition stands disposed of. (Sibo Sankar Mishra) Judge Designation: Personal Assistant Location: High Cout of Orissa, Cuttack.