JUDGMENT :

S. K. SAHOO, J.

This is an appeal under section 13 of the Odisha Protection of Interests of Depositors (In Financial Establishments) Act, 2011 (hereafter ‘OPID Act’) filed by the appellants Niranjan Parida and his wife Smt. Lilu Manjari Parida challenging the impugned order dated 28.11.2017 passed by the learned Presiding Officer, Designated Court (OPID Act), Cuttack in Interim Application No.02 of 2015 in rejecting the petition filed by the appellants for recalling of P.W.2 Bhabani Sankar Khuntia for further cross-examination.

It appears from the order sheet annexed to the appeal memo that on the hazira filed by the Special Public Prosecutor, P.W.2 was examined in chief for the first time on 18.04.2017 and cross examined in part by the counsel for the appellants and the case was deferred to 05.05.2017 for further cross-examination and P.W.2 was directed to remain present in Court on that day. P.W.2 remained present on 05.05.2017 and he was further cross examined and then the case was adjourned to 16.05.2017 for further cross-examination. The cross-examination of P.W.2 resumed on 16.05.2017 and it was adjourned to 20.06.2017. On 20.06.2017 P.W.2 was not present for cross-ex