Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 172 of 2026
Bijaya Manjari Satpathy …. Petitioner Mr. Mohit Agarwal, Advocate
-versus-
Saroj Ranjan Parida …. Opp. Party
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 06.02.2026
(Through hybrid Mode) CRLMP No. 172 of 2026 & I.A. No. 31 of 2026
01. 1. This CRLMP has been filed for a direction for stay of further proceedings in I.C.C. No. 68 of 2013 in the Court of the learned J.M.F.C. (LR & LTV), Angul pending disposal of Tr. P.C. No. 1 of 2026 before the learned Sessions Judge, Angul. 2. Mr. Mohit Agarwal, learned counsel for the Petitioner submits that the Petitioner had filed Tr.PC No. 1 of 2026 in the Court of the learned Sessions Judge, Angul for transfer of I.C.C. No. 68 of 2013 pending in the Court of the learned J.M.F.C. (LR & LTV), Angul under Section 138 of the Negotiable Instruments Act, 1881 to any other Court. Although the learned Sessions Judge, Angul by order dated 31.01.2026 issued notice to the Respondent and fixed the case to 13.02.2026 for his appearance, but did not pass any order to stay the further proceedings in I.C.C. No. 68 of 2013. As the complaint case is posted to 07.02.2026 for defence evidence of the Petitioner before the p. 2 learned J.M.F.C. (LR & LTV), Angul, the transfer petition will be rendered infructuous as stay of further proceeding has not been granted by the learned Sessions Judge, Angul. On the query of the Court, if any, interim application was filed before the learned Sessions Judge for stay of further proceedings, he submits that he has filed the copy of the interim application which has been filed in the Court of the learned Sessions Judge, but no number has been assigned to the interim application and it is the practice in the Court of Session that separate numbers are not assigned to the interim applications filed with the main application. 3. Considering the submissions of the learned counsel for the Petitioner that I.C.C. No. 68 of 2013 is posted to 07.02.2026 for defence evidence of the Petitioner and as the Petitioner has prayed for transfer of the complaint case and notice in the transfer application has been issued to the Opposite Party – complainant, I am of the view that it would be in the interest of justice that the further proceedings in I.C.C. No. 68 of 2013 are stayed till Tr.PC No. 1 of 2026 is disposed of by the learned Sessions Judge, Angul. 4.
4. It is accordingly directed that further proceedings in I.C.C. No. 68 of 2013 in the Court of the learned J.M.F.C. (LR & LTV), Angul shall remain stayed till disposal of Tr.PC No. 1 of 2026 or for a period of four weeks, whichever is earlier. 5. It is however made clear that since the I.C.C. case is of the year 2013, the learned Sessions Judge, Angul will take steps for disposal of Tr.PC No. 1 of 2026 either on the date of appearance p. 3 of the complainant i.e. on 13.02.2026 or within a period of four weeks from today. 6. It is made clear that this Court has not gone into the merit of the application filed for transfer of the complaint case. 7. As the CRLMP and I.A. are being disposed of without notice to the Opposite Party, liberty is granted to the Opposite Party to file application for recall / modification of this order if he is in anyway prejudiced by this order. 8. Urgent certified copy of this order be granted on proper application in course of the day. (Savitri Ratho)
Judge
Sukanta Designation: Senior Stenographer