Orissa High Court
WP(C)/24364/2026 of BANK OF INDIA, GOPALPUR BRANCH, CUTTACK Vs PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL, ORISSA, CUTTACK on 24 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24364 OF 2026 CNR No. ODHC010571492026 Bank of India, Cuttack …. Petitioner Mr. Sayed Asif Ali, Advocate -versus- Presiding Officer, Debts Recovery Tribunal, Orissa, Cuttack and another …. Opp. Parties CORAM: JUSTICE KRUSHNA RAM
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 24364 OF 2026
CNR No. ODHC010571492026
Bank of India, Cuttack
….
Petitioner
Mr. Sayed Asif Ali, Advocate
-versus-
Presiding Officer, Debts Recovery
Tribunal, Orissa, Cuttack and another
….
Opp. Parties
CORAM:
JUSTICE KRUSHNA RAM MOHAPATRA
JUSTICE MRUGANKA SEKHAR SAHOO
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ORDER
Order No. 24.08.2026
1.
1. This matter is taken up through hybrid mode.
2. Grievance of the Petitioner in this writ petition is with regard to inaction of the Debts Recovery Tribunal, Kataka in disposing of S.A. No.45 of 2025, filed by the Opposite Party No.2-Borrower under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘SARFAESI Act’).
3. Mr. Ali, learned counsel for the Petitioner-Bank submits that although S.A. No.45 of 2025 is ready in all respect for final disposal and there is no legal impediment, but Opposite Party No.2-Borrower is not taking interest in getting the matter disposed of. In view of the pendency of the application under Section 17 of the SARFAESI Act, the
Petitioner-Bank is seriously prejudiced. Hence, finding no other alternative, the Petitioner has approached this Court for a direction to the Debts Recovery Tribunal, Kataka for early disposal of S.A. No.45 of 2025.
4. Upon hearing Mr. Ali, learned counsel for the Petitioner and on perusal of the order sheet of S.A. No.45 of 2025 annexed to the writ petition as Annexure-1, this Court finds that said S.A. has been posted for hearing since 8th April, 2025. Although the I.A. appears to have been disposed of, but it further appears that there is an interim order passed by the Civil Court involving the secured assets.
5. Mr. Ali, learned counsel for the Petitioner, however, submits that in view of Section 17(5) of the SARFAESI Act, the Debts Recovery Tribunal, Kataka is required to dispose of the application under Section 17 of the Act within the outer limit of four weeks.
6. In view of the above, without expressing any opinion on the merits of the contentions raised by Mr. Ali, learned counsel for the Petitioner, this Court disposes of the writ petition with a direction that, in the event the Petitioner files an application stating the grounds for early disposal of S.A. No. 45 of 2025 and bringing the provisions of Section 17(5) of the SARFAESI Act to the notice of the learned Presiding Officer, Debts Recovery Tribunal, Kataka, the said application shall be considered in accordance with law and, as expeditiously as possible preferably within a period of two weeks therefrom and learned Tribunal shall thereafter proceed with the application under Section 17 of the SARFAESI Act accordingly.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo) ms
Judge