Ankit Agrawal vs. State Of Odisha
Facts
The petitioner, Ankit Agrawal, filed an application (ABLAPL No. 3129 of 2020) before the High Court of Orissa at Cuttack. The Opposite Party was the State of Odisha (CT & GST Enforcement Unit). The petitioner's counsel stated that the brief had been taken from him since 2020, but no one appeared for the case. The Court noted that restrictions due to the resurgence of COVID-19 were continuing, and counsel could use a printout of the order from the High Court's website.
Held
The Court decided to dismiss the ABAPL for non-prosecution. The reasoning was based on the submission by the petitioner's counsel that the brief had been taken from him since 2020 and no one appeared in the case. The ratio decidendi is that a case will be dismissed if the petitioner fails to prosecute it. The operative direction was the dismissal of the ABAPL. The petitioner was granted liberty to approach the Court again if advised.
Key Issues
1. Whether the ABAPL should be dismissed for non-prosecution, given that the petitioner's counsel indicated the brief was taken from him since 2020 and no one appeared for the case. Petitioner's Argument: The petitioner's counsel indicated that the brief was taken from him since 2020, implying a lack of prosecution or representation. Revenue/State's Argument: No argument was recorded for the Opposite Party (State of Odisha).
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Cause title — parties, addresses and appearances
ORDER 26.07.2021
1. This matter is taken up by video conferencing mode.
Learned counsel for the Petitioner submits that the brief has already been taken from him from the year 2020, but no one appears in this case.
Accordingly, the ABAPL is dismissed for non- prosecution.
Petitioner is at liberty to approach this Court, if so advised.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
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Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th A
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