Orissa High Court
WP(C)/22895/2026 of MERCEDES-BENZ FINANCIAL SERVICES INDIA PRIVATE LIMITED, CHENNAI Vs CHIEF JUDICIAL MAGISTRATE, SAMBALPUR, ODISHA on 28 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 22895 OF 2026 CNR No. ODHC010537462026 Mercedes-Benz Financial Services India Private Ltd., Chennai …. Petitioner Mr. Ramachandra Panigrahy, Advocate -versus- Chief Judicial Magistrate, Sambalpur, Odisha …. Opp. Party Mr. Umesh
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 22895 OF 2026
CNR No. ODHC010537462026
Mercedes-Benz Financial Services
India Private Ltd., Chennai
….
Petitioner
Mr. Ramachandra Panigrahy, Advocate
-versus-
Chief Judicial Magistrate, Sambalpur,
Odisha
….
Opp. Party
Mr. Umesh Chandra Behura,
Additional Government Advocate
CORAM:
JUSTICE KRUSHNA RAM MOHAPATRA
JUSTICE MRUGANKA SEKHAR SAHOO
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ORDER
Order No. 28.08.2026
1.
1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner is with regard to inaction of the learned Chief Judicial Magistrate, Sambalpur in disposing of the application filed by the Non-Banking Financial Company (NBFC) within the time stipulated under Section 14(ix) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘the SAFAESI Act, 2002’).
3. Mr. Panigrahy, learned counsel for the Petitioner, submits that the application under Section 14 of the SARFAESI Act, 2002 was filed on 25th November, 2025 and was registered as CMA No.01 of 2025 on the file of the learned Chief Judicial Magistrate, Sambalpur. The application is still pending for consideration. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 12:54:00 Signature Not Verified
4. It is further submitted that in view of the provisions under Section 14(ix) of the SARFAESI Act, 2002 an application filed under Section 14 of the SARFAESI Act, 2002 should have been disposed of within sixty days from receipt of such application. Mr. Panigrahy, learned counsel for the Petitioner, however, submits that the matter is posted to 7th September, 2026 for final hearing.
5. Thus, without entering into the merit of contentions raised, the writ petition is disposed of directing learned Chief Judicial Magistrate, Sambalpur to dispose of the application under Section 14 of the SARFAESI Act, 2002 on the said date. Parties are directed to co-operate with learned Chief Judicial Magistrate for disposal of CMA No.01 of 2025.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo) ms
Judge Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 12:54:00 Signature Not Verified