ORIGINAL JURISDICTION - Orissa High Court

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Officer,Bangalore).
3.AIR 1996 SC 1984 : ( State of Madhya Pradesh -V- s.S.Akolkar).
4.AIR 2005 SC 2191 : (State of Nagaland -V- Lipok AO & Ors.).
5.2008 (II) OLR 942 : (State of Orissa & 4 Ors.-V-Kantilata Sarangi).
6.AIR 1998 SC 2276 : ( P.K.Ramachandran -V-State of Kerala & Anr.).
For Petitioner – Sr.Standing Council (Govt.of Orissa).
For Opp.Party – M/s.B.Routray, B.Singh, D.K.Mohapatra, B.B.Routray,
P.K.Sahoo, S.Jena.
*CAMPAL NO.320 OF 2009. In the matter of an application for restoration of
the FAO having been dismissed on 18.3.09 of non-compliance of the order
dated 21.1.09 & read with order 41 Rule 19 C.P.C.
MISC.CASE NO.90 OF 2009.
This is an application under Section 5 of the Limitation Act, for
condonation of delay of 282 days in filing the application for restoration of the
INDIAN LAW REPORTS, CUTTACK SERIES [2010]
FAO No.146 of 2006, which was dismissed for non-compliance of the
peremptory order dated 21.01.2009.
The brief facts giving rise to the present application is that the
respondent-opposite party filed an application under Section 24-B of the
Orissa Education Act before the State Education Tribunal, Orissa,
Bhubaneswar, which was registered as GIA Case No.65 of 2004, claiming
grant-in-aid with effect from 01.01.2004 in addition to other reliefs. The said
application of the respondent-opposite party was disposed of by the State
Education Tribunal vide judgment dated 24.12.2004, holding that the present
respondent-opposite party is eligible to receive grant-in-aid, as per the
Orissa Education (Payment of Grant-in-aid to the High Schools and Upper
Primary Schools etc.) Order,2004, and therefore is entitled to receive such
grant-in-aid from the month of January 2004.
The said judgment of the State Education Tribunal dated 24.12.2004
passed in GIA Case No.65 of 2004 was challenged by the present
appellants-petitioners in appeal before this Court in FAO No.146 of 2006,
which was filed on 04.04.2006. Along with the memo of appeal, the
appellants-petitioners filed an application under Section 5 of the Limitation
Act for condonation of delay of 376 days in filing the appeal, which was
registered as Misc.Case No.221 of 2006. After notice on the question of
limitation, the respondent-opposite party appeared and filed objection to the
application for condonation of delay. This Court, vide order dated
28.11.2008, considering the grounds taken in the application and the
submissions made by the learned counsel for the parties and taking a lenient
view of the matter, condoned the delay of 376 days in filing the appeal,
subject to payment of Rs.5000/- as cost, to be paid to the learned counsel
appearing for the respondent-opposite party.