Union Bank Of India vs Debendra Nath Das And .... Opp. Parties
2025 Latest Caselaw 7955 Ori

Orissa High Court

Union Bank Of India vs Debendra Nath Das And .... Opp. Parties on 8 September, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.23693 of 2025

              Union Bank of India,                     ....        Petitioner
              Khurda

                                    Mr. Tuna Sahu, Advocate

                                           -versus-

              Debendra Nath Das and                    ....      Opp. Parties
              another

                                    Mr. Alok Kumar Das, Advocate
                                    for opposite party no.1

                                CORAM:
                   THE HON'BLE MR. JUSTICE S.K. SAHOO
                   THE HON'BLE MR. JUSTICE S.S. MISHRA
                                      ORDER

Order No.                           08.09.2025

   01.              This   matter     is     taken     up    through     Hybrid

arrangement (video conferencing/physical mode).

This writ petition has been filed by the Union Bank of India challenging the order dated 17.07.2025 passed by the learned Debt Recovery Appellate Tribunal, Kolkata in Appeal No.46 of 2025 under Annexure-1 in setting aside the judgment and order dated 22.11.2024 passed by the learned DRT in S.A. No.44 of 2023 and also quashing the e-auction sale notice dated 20.02.2023.

It seems that the opposite party no.1 Debendra Nath Das approached the learned Debt Recovery

Appellate Tribunal, Kolkata challenging the judgment and order dated 22.11.2024 passed in S.A. No.44 of 2023.

Mr. Tuna Sahu, learned counsel appearing for the petitioner-Bank submits that the auction, which was held pursuant to the auction sale notice under Annexure-9, is in accordance with law and third party interest has already been created and opposite party no.2 Rakesh Kumar Mallick is the successful bidder.

Mr. Alok Kumar Das, learned counsel has already entered for opposite party no.1 and he has received the copy of the writ petition.

Issue notice on the question of admission indicating therein that the matter shall be disposed of finally at the stage of admission.

Requisites for issuance of notice on opposite party no.2 by speed post with proof of delivery shall be filed within a period of one week. The notice be made returnable within four weeks.

List this matter on 13.10.2025. Counter affidavit, if any, be filed in the meantime.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

02. Heard.

After hearing the learned counsel for the respective parties, it is ordered that there shall be stay of operation of the impugned order dated 17.07.2025 passed by the learned Debt Recovery Appellate Tribunal, Koltata in Appeal No.46 of 2025 under Annexure-1 till the next date.

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

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

RKM

Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Sep-2025 19:26:01