Authority: High Court of Odisha at Cuttack
Order Date: 11 November 2026
Case Overview
- Petition filed by Odisha Forest Development Corporation Ltd (Petitioner), represented by Adv. Pitambar Jena, under Article 227 of the Constitution, seeking review of an order dated 09 Oct 2026 in M.S. No.126 of 2025 pending before the Civil Judge (Senior Division), Commercial Court, Balasore.
- Opposite parties: 1) M/S Rashikaray Industries (Balasore), 2) State of Odisha, 3) Odisha Forest Development Corporation Ltd (Khurda), 4) Sub‑Divisional Manager, Plantation Sub Division, Odisha Forest Development Corporation Ltd.
- The earlier order (09 Oct 2026) set defendants No.2 and No.3 ex‑parte after rejecting a time‑petition; plaintiff PW‑1 was examined and evidence closed on the same day.
- Petitioner contended that the defendant was under the impression that affidavit evidence was to be filed by 26 Nov 2026, which was missed.
- The Court found that the defendant had not moved the trial Court for setting aside the 09 Oct 2026 order pursuant to Order 9 Rule 7 of the CPC.
Final Outcome
- The Court grants the petitioner liberty to file an application under Order 9 Rule 7 of the CPC within two weeks from the date of this order; any such application will be considered with opportunity to all concerned parties and disposed of in accordance with law.
- With these observations and directions, the CMP application is disposed of.
Topics: Court Proceedings, Article 227 Review