Thankappan Sunny vs Presiding Officer
2024 Latest Caselaw 3952 Ori

Orissa High Court

Thankappan Sunny vs Presiding Officer on 1 March, 2024

Bench: D.Dash, V. Narasingh

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                       WP(C) No.3800 of 2024

        Thankappan Sunny                ....                    Petitioner
                                        Mr. B. B. Champatiray, Advocate

                                      -versus-
        Presiding Officer, DRT,         ....                Opposite Parties
        Cuttack & Others

                  CORAM:
                  MR. JUSTICE D.DASH
                  MR. JUSTICE V. NARASINGH

                                     ORDER

Order 01.03.2024 No.

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

2. The Petitioner, by filing this writ petition, has prayed as under:-

"To admit this writ application quashing the auction dated 07.10.2022 directing the learned Tribunal below to pass order to restore the SA to its original status. The order so passed be treated as order in respect of I.A No.1327/2022 arising out of S.A. No.17 of 2021 and further be pleased to issue a writ of mandamus directing the opposite party no.1 to deliver the judgment within a short span of time."

3. Heard learned Counsel for the Petitioner.

4. Considering the submissions made, in view of the availability of alternative and efficacious remedy to the

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Petitioner as provided in Section 18 of the SARFAESI Act to challenge the order passed by the learned DRT under section 17 of the Act in filing an Appeal before the learned DRAT, we are not inclined to entertain this writ petition.

5. Accordingly, this writ petition stands dismissed.

Issue urgent certified copy as per rules.

(D.Dash) Judge

(V. Narasingh) Judge

Gitanjali

Designation: Junior Stenographer