Orissa High Court
WP(C)/27380/2026 of MAHESH KUMAR PANDA Vs STATE OF ODISHA on 27 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27380 of 2026 ODHC010649252026 Mahesh Kumar Panda …. Petitioner Mr. Abhijit Mohanty, Advocate -versus- State of Odisha & Others …. Opp. Parties Mr. Subha Bikash Panda, AGA Mr. Dillip Kumar Mohapatra, Advocate for OP No.3
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27380 of 2026
ODHC010649252026
Mahesh Kumar Panda
….
Petitioner
Mr. Abhijit Mohanty, Advocate
-versus-
State of Odisha & Others
….
Opp. Parties
Mr. Subha Bikash Panda, AGA
Mr. Dillip Kumar Mohapatra,
Advocate for OP No.3
CORAM:
HON’BLE MR. JUSTICE K.R. MOHAPATRA
HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
27.08.2026 Order No.
01.
1. This matter is taken up through Virtual Mode.
2. Mr. Dillip Kumar Mohapatra, learned counsel submits that he has instruction to appear on behalf of the Opposite Party No.3 – State Bank of India.
3. This Writ Petition has been filed with the following prayers:
“It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, call for the records and issue Rule NISI calling upon the Opp. Parties to show cause as to why the arbitrary, unreasonable and illegal action of the Opp. Party Bank in proceeding against the Petitioner for taking physical possession as per notice dated 11.08.2026 calling upon the Petitioner to hand over physical possession of the secured assets on or before 31.08.2026, as annexed under Annexure-1, shall not be quashed/set aside and further why the Opposite Parties be not restrained from taking physical possession of the secured assets pursuant thereto; And if the Opposite Parties fail to show cause or show insufficient cause, the said Rule be made absolute by quashing/setting aside the notice dated 11.08.2026 issued by the Opposite Party Bank, insofar as the same relates to the Petitioner, and by directing the Opposite Parties more particularly Opp Party No.2 & 3 not to take physical possession of the secured assets or give further effect to the aforesaid notice, and further by directing the Opposite Parties to maintain status quo with regard to possession of the secured assets till effective adjudication of the Petitioner's challenge before the Learned Debts Recovery Tribunal, Cuttack.”
4. It is submitted by Mr. Mohanty, learned counsel for the Petitioner that the Petitioner has filed S.A. No.76 of 2026 before the Debts Recovery Tribunal, Cuttack, for brevity, “the DRT” under Section-14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for brevity, “the SARFAESI Act, 2002”. An application for restraining the Opposite Party No.3 – Bank to take over possession has also been filed. But due to non- availability of the Bench of the Tribunal, this Writ Petition has been filed.
5. Mr. Mohapatra, learned counsel for the Opposite Party No.3-Bank submits that the matter is posted today before the DRT for consideration of the interim application.
Amit/Rajesh
6. In view of the above, Mr. Mohanty, learned counsel for the Petitioner prays for withdrawal of the Writ Petition to move the DRT for appropriate direction.
7. We are assured by the learned counsel for the parties that they will cooperate with the Tribunal for adjudication of the interim application.
8. In view of the above, the Writ Petition is disposed of as withdrawn.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo)
Judge
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Aug-2026 10:14:05 Signature Not Verified