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Judgment
G. C. Mishra, Acting Chairman
MP-PMLA-8332/KOL/2021 (COD) In MP-PMLA-8333/KOL/2021 (Stay)
Replies to the stay application as well as to the delay application have been filed by the respondent (ED) and is available on record. It is submitted by
the learned counsel for the respondent that the Provisional Attachment Order was confirmed by the Adjudicating Authority on 29.08.2014 and the
appellant was required to file the present appeal within 45 days of receipt of the said impugned order. However, in the present case there is a huge
delay of more than 6 years in filing the present appeal by the appellant and the grounds taken by the appellant is not sufficient for condoning the delay
as it is a settled principle of law that everyday of delay is required to be sufficiently explained in an application for condonation of delay and further
submitted that the Hon’ble High Court of Orissa in the Writ Petition filed by the present appellant bearing no. W.P.(C ) No.5429/2021 has been
pleased to pass the order dated 17.02.2021 that the delay in filing the appeal has not been condoned.
On the other hand, the learned counsel for the appellantMr. SomnathPatnaik, Advocate submitted that he has received the copies of the replies to the
condonation of delay application as well as to the stay application yesterday’s night and needs some time to go through the same, which is not
objected by the learned counsel for the respondent.
At the request of the learned counsel for the appellant, list on 30thMarch, 2021 for hearing on the condonation of delay application.
Interim Order passed on 26.02.2021 to continue.
