ORIGINAL JURISDICTION - Orissa High Court

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The appellants-petitioners did not pay the cost of Rs.5000/- within
the stipulated period of four weeks and prayed for further time to pay the
said cost. Accordingly, by order dated 21.01.2009, this Court granted further
two weeks time to the appellants-petitioners to pay the cost of Rs.5000/-, as
directed vide order dated 28.11.2008, failing which the appeal shall stand
dismissed without further reference to the Bench.
In spite of the peremptory order of this Court dated 21.01.2009, as the
appellants-petitioners did not pay the cost within the prescribed time, the
appeal, i.e. FAO No.146 of 2006 stood dismissed on 18.03.2009, for noncompliance
of the peremptory order.
The present respondent-opposite party filed a writ application before this
Court for implementation of the judgment of the State Education Tribunal
dated 24.12.2004 in GIA Case no.65 of 2004, which was registered as
WP(C) No.3465 of 2009. The said writ application was taken up for
consideration and the Division Bench of this Court while taking note of the
P.S TO GOVT. OF ORISSA .-V- M.C. OF J .HIGH SCHOOL
fact that the appeal filed by the appellants-petitioners i.e. FAO No.146 of
2006, has been dismissed for non-compliance of peremptory order dated
21.01.2009, disposed of the writ application directing the present appellantspetitioners
to comply with the order of the State Education Tribunal passed
in GIA Case no.65 of 2004 within a period of four months from the date of
the said order, if no other application is pending against the order of this
Court dated 21.01.2009, dismissing FAO No.146 of 2006.
The appellants-petitioners filed an application for restoration of FAO
No.146 of 2006 on 11.09.2009, which was registered as CMAPL No.320 of
2009. Along with the said application for restoration, the appellantspetitioners
filed the present application under Section 5 of the Limitation Act,
for condonation of delay of 282 days in filing the restoration application.
In the meantime, as the order of this Court dated 17.04.2009 passed
in WP (C) No.3465 of 2009 was not implemented, the respondent-opposite
party filed an application for implementation of the said order, which was
registered as Misc.Case No.11305 of 2009. The said application for
implementation of order dated 17.04.2009 was disposed of by this Court vide
order dated 14.09.2009 directing the appellants-petitioners to comply with
the said order dated 17.04.2009 by the end of November, 2009. This Court
further observed that if the said order is not complied with by the end of
November, 2009, contempt proceeding shall be initiated against the present
appellants-petitioners, who were opposite parties in the said writ application.
The respondent-opposite party filed its objection to the present
application for condonation of delay. The main objection of the respondentopposite
party is that no ground has been taken in the present application,
explaining the inordinate delay in filing the restoration application and that
the said application has been filed at a belated stage to get the appeal