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2026 DAILYLAW 33488 (ORI)

M/S RAJLAXMI CONSTRUCTION LTD, CUTTACK v. STATE OF ODISHA

WP(C)/24874/2026 · 2026-09-03

S K Panigrahi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24874 of 2026 CNR No. ODHC010586152026 M/s. Rajlaxmi Construction Ltd., Cuttack ..…... Petitioner (s) Mr. Kamal Behari Panda, Sr. Adv. along with associate -Versus- State of Odisha & Ors. ………. Opposite Party (s) Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 03.09.2026 Order No. 03. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner has sought for a direction from this Court for expeditious disposal of the Execution Case No.8 of 2024 pending before the learned Civil Judge, Senior Division-cum-Presiding Officer-Commercial Court, Cuttack. 3. Heard learned counsel for the parties. 4. Learned counsel for the Petitioner submits that this Court had allowed the arbitration appeal vide judgment dated 12.07.2019 passed in ARBA No.28 of 2015. He further submits that the Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 07-Sep-2026 18:34:52 Signature Not Verified p. 2 Petitioner has filed an execution petition vide Execution Case No.8 of 2024 before the learned Civil Judge, Senior Division-cum- Presiding Officer-Commercial Court, Cuttack, which is still pending. He further contends that though two years have been lapsed in the meantime, the execution petition is pending before the learned Civil Judge, Senior Division-cum-Presiding Officer- Commercial Court, Cuttack who has not act in letter and spirit of the judgment passed by the Apex Court in Periyammal (Dead) through Lrs. And others v. V. Rajamani and Anr.1 wherein the Apex Court has held that Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay. 5. Considering the submission of the learned counsel for the Petitioner and in view of the aforesaid judgment of the Hon’ble Supreme Court, this Court directs the learned Civil Judge, Senior Division-cum-Presiding Officer-Commercial Court, Cuttack to dispose of the execution proceeding vide Execution Case No.8 of 2024 at the earliest preferably within a period of two months from the date of communication of an authenticated copy of this order. 6. The CMP is, accordingly, disposed of. 1 2025 SCC Online SC 507 Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 07-Sep-2026 18:34:52 Signature Not Verified p. 3 7. Personal appearance of Addl. Secretary to Government, Water Resources Department is dispensed with. 1. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: Personal Assistant