M/S Akhandalamani Distributor vs Authorized Officer-Cum-Chief .... ...
2025 Latest Caselaw 4605 Ori

Orissa High Court

M/S Akhandalamani Distributor vs Authorized Officer-Cum-Chief .... ... on 4 March, 2025

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.P.(C) NO. 3988 OF 2025
                 M/s Akhandalamani Distributor,           ....      Petitioners
                 Bhubaneswar and others
                                      Mr. Yoshabanta Das, Senior Advocate
                            being assisted by Mr. Sidharth Mallick, Advocate
                                           -versus-
                 Authorized Officer-cum-Chief             .... Opp. Parties
                 Manager, Bank of Baroda, Khandagiri
                 Branch and others


                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                      & JUSTICE S.K. MISHRA
                                       ORDER

Order No.                             04.03.2025
 2.         1.       This matter is taken up through hybrid mode.

2. The Petitioners in this writ petition seeks to assail the judgment dated 30th October, 2024 (Annexure-1) passed by the Debts Recovery Tribunal, Cuttack in S.A. No.15 of 2018 filed by them under Section 17(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity 'SARFAESI Act, 2002').

2. Mr. Das, learned Senior Advocate appearing for the Petitioners brought to the notice of this Court to several infirmities in the impugned judgment. It is his submission that the impugned judgment is cryptic and non-speaking. Even a person stranger to the Second appeal has been given an opportunity of hearing and his version was taken into consideration for adjudication of application under Section 17(1) of SARFAESI Act, 2002 without affording reasonable opportunity to the Petitioners.

3. Be that as it may, since the judgment impugned herein under Annexure-1 is appealable under Section 18 of the SARFAESI Act, 2002, we dispose of this writ petition with an observation that the Petitioners, if so advised, may move learned Appellate Tribunal by invoking Section 18 of the SARFAESI Act, 2002.

4. Mr. Das, learned Senior Advocate further submits that there is every likelihood of settlement in the matter as the Petitioners will be losing their residential house.

5. In that view of the matter, this Court while parting with the order observes that the Petitioners, if so advised, may approach the concerned Bank for settlement of the matter. If an appeal under Section 18 of the SARFAESI Act, 2002 is filed within a period of two weeks hence, learned Appellate Tribunal shall take into consideration the pendency of the writ petition before this Court since 28th January, 2025 till date while entertaining an application for condonation of delay, if any.

6. The writ petition is disposed of accordingly.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge

bks (S.K. Mishra)

Location: High Court of Orissa, Cuttack