M/S Dwarikamayee Bhandar And vs Collector And District ...
2021 Latest Caselaw 9439 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.27775 of 2021

            M/s Dwarikamayee Bhandar and     ....           Petitioners
            another
                                    Mr. S.P. Mishra, Senior Advocate
                                             Mr. S. Mishra, Advocate

                                       -versus-

            Collector and District Magistrate,    ....      Opposite Parties
            Khorda and others
                                                  Mr. B.S. Tripathy, AGA

                     CORAM:
                     JUSTICE S.K. MISHRA
                     JUSTICE SAVITRI RATHO
                                      ORDER

09.09.2021 Order No.

1. 1. This matter is taken up through hybrid mode.

2. Heard Mr. S.P. Mishra, learned Senior Advocate appearing for the petitioners and Mr. B.S. Tripathy, learned Addl. Government Advocate.

3. It is submitted that the order impugned passed by the Collector and District Magistrate, Khorda in Bank Misc. Case No.77/2018 on 19.08.2021 is bad for non-compliance of principles of natural justice. The learned Senior Advocate for the petitioners also relies upon the several reported judgments, like Kumkum Tentiwal v. State of Uttar Pradesh and others,

// 2 //

2019 (134) ALR 103, M/s Dharmpal Satyapal Ltd. v. Deputy Commissioner of Central Excise, Gauhati and others, (2015) 8 SCC 519 and Standard Chartered Bank v. Noble Kumar, (2013) 9 SCC 620.

4. It is apparent from the aforesaid precedent that even in a proceeding under Section 14 of the SARFAESI Act, 2002, it is necessary that a notice should be issued to the borrower and he should be given a reasonable opportunity of being heard by filing objection. In the present case, no objection has been filed. It is submitted by the learned Senior Advocate for the petitioners that he was not noticed on the date the matter was taken up for hearing and order was passed. So, we find a prima facie case to issue notice to the opposite parties. Hence, issue notice.

5. An extra copy of the brief be served on learned Addl. Government Advocate within five days.

6. Notice be sent to opposite party nos. 2 to 6 through Registered Post with A.D./Speed Post returnable within six weeks. Postal requisites shall be filed within a week.

// 3 //

7. List this matter on 28.10.2021.

(S.K. Mishra ) Judge

(Savitri Ratho ) Judge

I.A. No.12815 of 2021

1. Issue notice as above. Accept one set of process fee.

2. In the interim, it is directed that the order dated 19.08.2021 passed in Bank Misc. Case No.77/2018 by the learned Collector and District Magistrate, Khordha, as at Annexure- 11, shall remain stayed till the next date.

3. Urgent certified copy of this order be granted as per rules.

(S.K. Mishra ) Judge

(Savitri Ratho ) Judge

Pcd