Orissa High Court
Smt. Prasanna Kumari Rout vs Kotak Mahindra Bank on 13 January, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C). No. 844 of 2025
Smt. Prasanna Kumari Rout .... Petitioner
Mr. G. Mukherji, Sr. Advocate
-versus-
Kotak Mahindra Bank,
Bhubaneswar & Others .... Opp. Parties
Advoc
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 13.01.2025
01. 1. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
2. Heard learned counsel for the Petitioner.
3. This Writ Petition has been filed by the Petitioner
with a prayer to quash the Possession notice dated
09.12.2024 issued by the Opposite Party No.1-Kotak
Mahindra Bank under Annexure-4 which is stated to
have been affixed on the gate of the land of the
Petitioner in the process of releasing the charge created
over the land in question with a further direction to the
Opposite Party No.1-Bank to unseal the land in
question.
4. Mr. Goutam Mukherji Learned Sr. Advocate for
the Petitioner submitted that the Petitioner instituted
Civil Suit (I) No.211 of 2016 before the learned Senior
Civil Judge, First Court, Cuttack against Opp. Party
No.2-Mangal Prasad Gupta and Opp. Party No.3 Sriram
Pandey for declaration of right, title interest and
possession over the suit scheduled-A property along
with consequential reliefs. Vide judgment dated
20.03.2023, the learned Senior Civil Judge, First Court,
Cuttack has been pleased to decree the suit against the
defendants and the right, title, interest and possession of
the plaintiff (Petitioner) over the suit scheduled-A
property was declared and the defendant No.1 Mangal
Prasad Gupta (Opp. Party No.2) was directed to give
vacant possession of the suit premises to the Petitioner
within three months and the defendants (Opp. Parties
Nos. 2 & 3) were permanently restrained from entering
upon the suit schedule-A land and interfering in the
peaceful possession of the Petitioner in any manner
after giving vacant possession of the suit premises to
the Petitioner.
It is his further contention that the Petitioner
whose title has been declared by the competent Civil
Court was neither the borrower nor he had mortgaged
the land in question with the Opposite Party No.1-Bank
whereas the Opposite Party No.3 and one Sobha Pandey
are the borrowers and since they defaulted to repay the
amount borrowed, the Bank proceeded to take action
against them under the provisions of the SARFAESI
Act, but most peculiarly, the possession notice has
been affixed on the gate of the land in question which
exclusively belongs to the Petitioner and it no way
relates to the Opposite Party No.3. Proceeding under the
SARFAESI Act in respect of a property which was
never mortgaged for availing loan, is illegal. It is further
submitted that after such possession notice was affixed
on his gate, the Petitioner sent an application to the
Opposite Party No.1 indicating therein that such notice
on his gate had caused undue harassment and trauma to
him and it is required to be removed from the gate.
However, Opposite Party No.1 has paid deaf ear to the
application made by the Petitioner.
5. Issue notice to the Opposite Parties on the
question of admission indicating therein that the matter
shall be disposed of at the stage of admission.
Requisites for issuance of notice on the Opposite
Parties by Registered Post/Speed Post with proof of
delivery shall be filed within a week.
6. List this matter in the week commencing from
10.02.2025.
Counter affidavit, if any, be filed in the meantime
serving the copy thereof on learned counsel for the
Petitioner.
(S. K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
02. 1. Issue notice as above.
2. Accept one set of process fee.
3. The Opposite Party-Bank is restrained to proceed
on the property of the Petitioner which has been
decreed in his favour by the learned Senior Civil Judge,
1st Court, Cuttack under Annexure-2 until further
orders.
(S. K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
AKPradhan/Bijay
Location: HIGH COURT OF ORISSA
