Hdfc Bank Ltd vs District ...
2022 Latest Caselaw 5068 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WP(C) No.3946 of 2020
      HDFC Bank Ltd.                           ....                        Petitioner
                                         Mr. S.K. Padhi, Sr. Advocate with
                                         Mr. N.K. Dash, Advocate
                                        -versus-
      District Magistrate-cum-Collector,       ....                   Opposite Party
      Khurda & Others
                                    Mr. L. Samantaray, Addl. Govt. Advocate




                         CORAM:
                        JUSTICE JASWANT SINGH
                        JUSTICE M.S. RAMAN


                                             ORDER

Order No. 23.09.2022

5. This matter is taken up by virtual/physical mode.

1. The secured creditor has filed the present writ assailing the order dated 29th November, 2019/6th December, 2019 passed by the District Magistrate-cum-Collector, Khurda, whereby the earlier order passed for providing of official assistance to secure the actual physical possession of the secured asset on an application moved under Section 14 of the SARFAESI Act, 2002 by the Petitioner/secured creditor has been recalled/reviewed merely on the ground that the property in question/secured asset stands attached in T.R. Case No. 247 of 2007 relating to disproportionate asset case faced by the guarantor (as an accused) before the Special Judge (Vigilance), Cuttack.

// 2 //

2. Mr. S.K. Padhi, Senior Counsel appearing for the Petitioner submits that approach of the Officer concerned is not only contrary to the scheme of execution provided in Section 14 of the SARFAESI Act but also factually incorrect as the said secured asset is only a subject matter and there has never been an attachment. Still further, assuming even if there is an attachment order, in the light of the provision of Section 35 of the SARFAESI Act, 2002 providing an overriding effect, the said attachment order, if any, would have no effect in law. He further submits that the issue is squarely covered by the judgments rendered by the High Court and the Supreme Court.

3. At this stage, Mr. L. Samantaray, Addl. Govt. Advocate prays for a short accommodation.

4. List this matter 27th September, 2022.

(Jaswant Singh) Judge

(M.S. Raman) Judge

Aks September 23, 2022 Cuttack