IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3790 of 2023

Nalini Ranjan Jena

….

Petitioner

Mr.P.K. Kar, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr.S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH

Order No.

ORDER

17.10.2023

01.

1. By means of this application, the Petitioner seeks indulgence of this

Court to quash the order dated 13^th July, 2023 wherein the learned court

has issued NBW under Annexure-6 in Misc. Case No.388 of 2019

arising out of Misc. Case No.114 of 2018.

2. It is submitted by the learned counsel for the Petitioner that for the

non-compliance of the direction of the court in connection with the

payment of interim maintenance, the learned court below issued NBW.

He further submitted that in the meanwhile the Petitioner has moved the

appellate court challenging the order passed in in Misc. Case No.388 of

2019 arising out of Misc. Case No.114 of 2018. It is further submitted by

the learned counsel for the Petitioner that interim maintenance of

Rs.40,000/- as awarded by the learned court in Misc. Case No.114 of

2018 under PWDV Act having been challenged before the Appellate

court, the further proceeding in the execution ought to have been stayed

and the order issuing NBW be quashed.

3. As submitted by the learned counsel for the Petitioner the order passed

in Misc. Case No.114 of 2018 moved under PWDV Act having been

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challenged before the Appellate court, the question of granting stay of

further proceeding in the execution could well be dealt with by the said

court. Further, the direction for interim maintenance having not

interfered with by this Court in CRLMC No.2359 of 2021, the Petitioner

ought to have deposited the same. In any case the matter having been in

seisin of the Appellate court, this Court is not inclined to pass any order

on merit. Conversely, in the facts and circumstances above stated there

being no cause of action to pursue the present application the same

stands infructuous. However, it is observed that the grievance of the

Petitioner may well be ventilated before the learned Appellate court for

appropriate order.

4. The CRLMC stands disposed of accordingly.

(Chittaranjan Dash)

Judge

KC Bisoi

Digitally Signed

Signed by: KRUSHNA CHANDRA BISOI

Designation: Secretary

Reason: Authentication

Location: orissa high court

Date: 19-Oct-2023 11:06:02

Signature Not Verified