Bhabatosh Mishra vs Icici Bank Ltd. Khurda &
2023 Latest Caselaw 11139 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.27739 of 2023
            Bhabatosh Mishra                                       Petitioner
                                                  Mr.Tuna Sahu, Advocate
                                          -versus-

            ICICI Bank Ltd. Khurda &        ....                 Opposite Parties
            Others

                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE A.C. BEHERA
                                        ORDER

12.09.2023

Order No.

01. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. Mr. Nalini Kanta Dash, learned counsel and his associate by filing Vakalatnama in Court today, which is taken on record, have entered appearance on behalf of the Opposite Party No.1-Bank.

3. The Petitioner, by filing this writ petition, has advanced the limited prayer in seeking a direction for disposal of I.A. Nos.1151 of 2023 and 1232 of 2023 which arise out of O.A. No.121 of 2015 pending before the Debt Recovery Tribunal (DRT), Cuttack.

4. Heard Mr. Tuna Sahu, learned counsel for the Petitioner and Mr. N.K. Dash, learned counsel for the Opposite Party-Bank.

5. Keeping in view the submissions made, we have gone through the averments taken in the petition as well as the documents annexed thereto.

6. It reveals that after this Court passed an order on 19.04.2023 in W.P.(C) No.20805 of 2022 by setting aside the judgment and order dated 28.06.2022 passed by the learned D.R.A.T., Kolkata in Appeal No.11 of 2019 with Diary No.34 of 2019; the O.A. No.121

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of 2015 is pending before the Debts Recovery Tribunal for fresh disposal in accordance with law. It further reveals that the Petitioner being the Defendant No.3-Guarantor in that O.A. has filed two applications as at Anneuxre-1 and 2 respectively, which have given rise to I.A. Nos.1151 of 2023 and 1232 of 2023.

7. The first application is for a direction to the Plaintiff-Bank to produce the declaration of the mortgage in original before the Tribunal serving a copy upon learned counsel for the Defendant No.3-Guarantor.

8. Mr. Sahu, learned counsel for the Petitioner while concluding to the position that for failure of the Defendant No.1- Bank to produce and admit that document in evidence, legal consequences would be so faced by them has, however, submitted that since this Defendant No.3-Guarantor before its adduction in evidence wants to inspect the said document and ascertain its genuineness, the production of the same at an early date stands as of necessity.

9. Learned counsel for the Defendant No.1-Bank submits that the document when would be pressed into service, the Defendant No.3-Guarantor since has all the opportunity to object on any such ground as permissible in law, the present application is not maintainable. According to him, it has simply to protract the Trial.

10. Taking into account the submission made and in the facts and circumstances of the case, we are of the view that the above application filed by the Defendant No.3-Guarantor for production of the document of declaration of mortgage in original before the learned Tribunal has no such legal base and thus needs no attention in this proceeding seeking exercise of the extra ordinary jurisdiction.

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11. In so far as the other application is concerned, the prayer made therein is to permit the Defendant No.3-Guarantor to cross- examine one Mr.Anirbana Saha, S/o. Bhavesh Chandra Saha whose affidavit evidence has been filed by the Opposite Party No.1 (Applicant); the same in our view, needs consideration by the learned Tribunal so as to proceed further. Therefore, we dispose of this writ petition with the observation that the Tribunal would do well to hear the parties in the matter of that application filed being nomenclatured as under section 22(a) and 22(b) of the Recovery of Debts and Bankruptcy Act, 1993 giving rise to I.A. No.1232 of 2023 on any short date as would be convenient and dispose of the same early, on its own merit and in accordance with law.

Viewing the age of the proceeding, it is further observed that the Tribunal would proceed with the matter with expediency for its early culmination in accordance with law.

(D. Dash), Judge

(A.C. Behera) Judge H

Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 14-Sep-2023 12:35:29