Orissa High Court

WP(C)/26284/2026 of SAPAN BIHARI PATI Vs REGIONAL MANAGER, PUNJAB NATIONAL BANK, BHUBANESWAR on 19 August 2026

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of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.26284 of 2026 CNR No. ODHC010624102026 Sapan Bihari Pati ..... Petitioner Represented by Adv. - Pravat Ranjan Sutar -versus- Regional Manager, Punjab National Bank, Bhubaneswar and others ..... Opposite Parties Represented by Adv. – Mr.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.26284 of 2026

CNR No. ODHC010624102026

Sapan Bihari Pati

.....

Petitioner

Represented by Adv. -

Pravat Ranjan Sutar

-versus-

Regional Manager, Punjab National

Bank, Bhubaneswar and others

.....

Opposite Parties

Represented by Adv. –

Mr. A.K. Biswal, Adv.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

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ORDER

19.08.2026 Order No.

01.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as Mr. A.K. Biswal, learned counsel for the Ban-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer: “The petitioner therefore prays that this Hon'ble court may be graciously pleased to admit the writ application issue a Rule Nisi to the opposite parties to showcase and if the opposite parties file no show cause or show insufficient cause upon hearing the counsel for the petitioner direct to the opp.party no- 2 to settle the loan amount of TL (HBL) A/C no- 675600NC00000368 under OTS scheme considering representations vide Annexure- 5Series. And/or any necessary direction/order may be passed which is just and proper.”

4. Learned counsel for the Petitioner at the outset contended that being aggrieved by the conduct of the Opposite Parties-Bank in auction the mortgaged property, which is sole homestead property of the present Petitioner, to e-auction, the Petitioner has approached this Court by filing the present writ petition. Learned counsel for the Petitioner further submitted that the Petitioner had initially availed a loan of rupees forty lakhs from the Opposite Parties-Bank. Due to his business loss, he could not repay the loan amount. As a result of which, the Bank has put the mortgaged property into public auction. He further submitted that since the mortgaged property is the only homestead property of the Petitioner, the Petitioner is trying to resolve the dispute amicably by applying for one-time settlement under Reserve Bank of India guidelines. He further contended that such prayer of the Petitioner for one-time settlement has not been accepted by the Bank. Being aggrieved by such conduct of the Bank, the Petitioner has approached this Court by filing the present writ petition.

5. Mr. A.K. Biswal, learned counsel for the Opposite Parties- Bank, on the other hand, contended that earlier an attempt was made to settle the loan account under the extant OTS scheme of the Bank. However, due to unwillingness of the Petitioner the same could not be resolved. In such view of the matter, learned counsel for the Opposite Parties-Bank contended that the Bank was left with no other option but to go for public auction of the mortgaged property to realize the loan amount. In such view of the matter, learned counsel for the Bank contended that the writ application is devoid of merit, and accordingly, the same should be dismissed.

6. Taking into consideration the submissions made by the learned counsels appearing for the parties, on a careful examination of the background facts as well as keeping in view the submission made by the learned counsel for the Petitioner that the loanee- Petitioner is ready and willing to settle the loan account to save his sole homestead property, this Court is inclined to grant another opportunity to the Petitioner. Accordingly, the present writ petition is being disposed of by granting liberty to the Petitioner to approach the Opposite Parties-Bank by submitting an application for settlement of the loan account under OTS Scheme for settlement before the Bank within a period of two weeks. In such eventuality, the Opposite Parties-Bank shall consider the same under the OTS scheme which is in force at the moment. It is further directed that the Bank authorities shall go ahead with the e-auction, however, the sale shall not be confirmed before taking a final decision on the application of the Petitioner, as has been directed hereinabove.

7. With the aforesaid observations/directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra )

Judge

S.K. Rout

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2026 18:39:50 Signature Not Verified

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