Orissa High Court
M/S. Maa Kalika Bhandar vs The Presiding Officer on 23 April, 2025
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 24-Apr-2025 18:27:24
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.13697 OF 2024
M/s. Maa Kalika Bhandar, Cuttack .... Petitioner
Mr. Gopabandhu Dash, Advocate
-versus-
The Presiding Officer, Debts Recovery .... Opp. Parties
Tribunal, Cuttack and others
Mr. Anjan Kumar Biswal, Advocate
(For Opp. Party No.2/Bank)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE ANANDA CHANDRA BEHERA
ORDER
Order No. 23.04.2025
05. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for the following relief:
" The petitioner, therefore, prays that in the aforesaid facts and
circumstances your Lordships would be pleased to admit the
writ petition, call for the Records, Issue a Rule Nisi calling upon
the Opp.Parties to show cause as to why the E- Auction dated
12.3.2019, Sale Certificate under Annexure 8, Sale Deed No.
1081904122 dated 20.3.19 under Annexure - 9, order dated
19.8.2021 under Annexure 10 and the letter dated 15.9.2022
along with the NIL inventory under Annexure-19 will not be
quashed/set aside, why the possession of the schedule property
will not be restored." If the opposite parties fail to file any show
cause or show insufficient cause your Lordships would be
pleased to make absolute the said rule and issue a writ in the
nature of mandamus or certiorari or any other appropriate writ
or writs and quash/set aside the E-Auction dated 12.3.2019 the
Sale Certificate under Annexure 8, Sale Deed No.1081904122
dated 20.3.2019 under Annexure-9, order dated 19.8.2021
under Annexure 10, letter dated 15.9.2022 along with the NIL
inventory under Annexure 19 and direct for restoration of
possession of the schedule property and this Hon'ble Court
further be pleased to pass such other order/orders, issue any
other further direction/directions deem(s) fit and proper in the
interest of justice so as to give complete relief(s) to the
petitioner.
And for this act of kindness, the petitioner as in duty bound shall
every pray."
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 24-Apr-2025 18:27:24
3. It is submitted by Mr. Dash, learned counsel for the
Petitioner that inspite of mandatory provision under Section 17(5)
of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (for brevity
'SARFAESI Act, 2002'), three proceedings filed under Section
17(1) of the said Act are still pending and no endeavour is being
made for their disposal. It is submitted that SA No.41 of 2019 is
pending before the Debts Recovery Tribunal (for brevity 'the
DRT'), Cuttack filed by one Sidhanta Narayan Singh Deo claiming
as one of the co-sharers of the secured asset and assailing the
auction sale conducted on 12th March, 2019, the Sale Certificate
was issued in pursuance thereof on 15th March, 2019 as well as sale
deed executed on 20th March, 2019. The said SA was finally heard
by the DRT, Cuttack and the judgment was reserved on 19th
October, 2022. However, the SA was reheard on 1st March, 2024,
but, final judgment has not yet been pronounced. He further
submits that SA No.52 of 2024 (Dairy No.171 of 2022) filed on
24th February, 2022 by the Petitioner challenging the auction sale
dated 12th March, 2019 and Sale Certificate issued on 15th March,
2019 is still pending.
4. Further, SA No.234 of 2023 (Dairy No.681 of 2022) filed on
11th August, 2022 by the Petitioner challenging the order of the
Collector, Khurda dated 19th August, 2021 under Section 14 of the
SARFAESI Act, 2002 is still pending for disposal. He, therefore,
submits that interest of justice will be best served, if the aforesaid
SAs are disposed of at an early date keeping in mind the provision
under Section 17(5) of the SARFAESI Act, 2002.
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 24-Apr-2025 18:27:24
5. Mr. Biswal, learned counsel for the Opposite Party No.2-
Bank submits that he has no objection to the prayer made by
learned counsel for the Petitioner, but, such prayer can be made
before the DRT, Cuttack which can be considered in accordance
with law. Due to pendency of large number of cases, it is
impossible to comply with the mandatory provisions under Section
17(5) of the SARFAESI Act, 2002. However, if a direction is
issued for early disposal of the aforesaid SAs, the Bank will not
have any objection and it will co-operate for early disposal of the
same.
6. Considering the submission made by learned counsel for the
parties, this Court without delving into the merits of the case of the
Petitioner and the contentions raised therein, disposes of the writ
petition with a direction that learned DRT, Cuttack shall do well to
take steps for early disposal of SA Nos.41 of 2019, 52 of 2024 and
234 of 2023 as expeditiously as possible preferably within a period
of four months from the date of production of certified copy of this
order giving opportunity of hearing to the parties concerned.
7. It is further directed that the parties shall co-operate with
learned DRT, Cuttack without taking unnecessary adjournments.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(A.C. Behera)
Rojalin Judge
