Orissa High Court
WP(C)/26169/2026 of BRANCH MANAGER BANK OF INDIA, KHURDHA Vs THE REGISTER, DEBTS RECOVERY TRIBUNAL, ORISSA, CUTTACK on 25 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26169 OF 2026 CNR ODHC010596912026 Branch Manager Bank of India, Khordha …. Petitioner Mr. Gurudutta Kar, Advocate -versus- The Registrar, Debts Recovery Tribunal, Odisha, Kataka and another …. Opp. Parties CORAM: HON’BLE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26169 OF 2026
CNR ODHC010596912026
Branch Manager Bank of India,
Khordha
….
Petitioner
Mr. Gurudutta Kar, Advocate
-versus-
The Registrar, Debts Recovery
Tribunal, Odisha, Kataka and another
….
Opp. Parties
CORAM:
HON’BLE MR. JUSTICE KRUSHNA RAM MOHAPATRA
&
HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
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ORDER
Order No. 25.08.2026
01.
1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks for a direction for early disposal of S.A. No.183 of 2024 pending before the Debts Recovery Tribunal, Odisha, Kataka (for brevity ‘the Tribunal’)
3. Mr. Kar, learned counsel for the Petitioner-Bank submits that the Opposite Party No.2, as the borrower, has filed an application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘the SARFAESI Act, 2002) before the Tribunal, which has been registered as S.A. No.183 of 2024. The Petitioner-Bank has already entered appearance.
4. Although the matter is ready in all respect and there is no legal impediment for disposal of the S.A. within the stipulated time under Section 17 (5) of the SARFAESI Act, 2002, but the Tribunal, for the reasons best known to it, is not Digitally Signed Signed by: SASHIKANT PARIDA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2026 18:21:36 Signature Not Verified disposing of the same. It is submitted that the matter is being adjourned for hearing since 4th February, 2025. In spite of all requests of the Bank, the S.A. is not taken up for final disposal. He, therefore, submits that a direction may be issued for early disposal of S.A. No.183 of 2024 pending before the Tribunal.
5. Taking note of the submission made by learned counsel for the Petitioner and on perusal of the record, this Court finds that S.A. No.183 of 2024 filed by the Borrower-Opposite Party No.2 is being posted for hearing since 4th February, 2025. It appears that there is no legal impediment for disposal of the said S.A.
6. In view of the above, this Court disposes of the writ petition with a direction that in the event the Petitioner-Bank files an application for expeditious hearing of S.A. No.183 of 2024 pending before the Tribunal stating the reasons therein and bringing notice of the Tribunal to the provisions under Section 17 (5) of the SARFAESI Act, 2002, the said application shall be disposed of as expeditiously as possible preferably, within a period of two weeks therefrom giving opportunity for hearing of the parties concerned and the Tribunal shall proceed with the adjudication of S.A. No.183 of 2024 accordingly.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo) Sashikant
Judge