Orissa High Court
Jitendra Biswal v. State of Odisha
CMP/1315/2026
- Decision date
- 2026-08-13
- Text availability
- Full text
- Judges
- S. K. Panigrahi
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1315 of 2026 CNR No. ODHC010594862026 Jitendra Biswal ..…... Petitioner (s) Mr. Prabodha Chandra Nayak, Adv. -Versus- State of Odisha & Ors. …...…. Opposite Party (s) Mr. Debasish Nayak, AGA CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 13.08.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In filing this CMP, the Petitioner has sought for a direction from this Court for expeditious disposal of the Execution Case No.167 of 2024 pending before the learned Civil Judge (Senior Division), Commercial Court, Bhubaneswar. 4. Learned counsel for the Petitioner submits that this Court had allowed the arbitration appeal vide judgment dated 28.07.2026 passed in ARBA No.42 of 2025. He further submits that the Petitioner has filed an execution petition vide Execution Case No.41 of 2024 before the learned Civil Judge, Senior Division, Signature Not Verified Commercial Court, Bhubaneswar, which is still pending. He Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-Aug-2026 18:42:41 Page 1 of 2
further contends that though two years have been lapsed in the meantime, the execution petition is pending before the learned District Judge, Puri who has not act in letter and spirit of the judgment passed by the three judges Bench of the Apex Court in Rahul S. Shah vs. Jitendra Kumar Gandhi and others1 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 looking to the factual scenario, this Court directs the learned Civil Judge (Senior Division) Commercial Court, Bhubaneswar to dispose of the execution proceeding vide Execution Case No.41 of 2024 at the earliest preferably within a period of one month from the date of communication of an authenticated copy of this order. 6. The CMP is, accordingly, disposed of. 1. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed1by: LITARAM MURMU Designation:(2021)P.A. 6 SCC 418 Reason: Authentication Location: OHC Date: 13-Aug-2026 18:42:41 Page 2 of 2