Orissa High Court
WP(C)/12306/2025 of M/S. SAI BABA GLASS HOUSE, CUTTACK Vs UNION BANK OF INDIA, MUMBAI on 13 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12306 of 2025 ODHC010283382025 M/s. Sai Baba Glass House, Cuttack and another …. Petitioners Mr. Prasanta Kumar Satapathy, Advocate -versus- Union Bank of India, Mumbai and others …. Opp. Parties Mr. Amiya Kumar Mishra (2),
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12306 of 2025
ODHC010283382025
M/s. Sai Baba Glass House,
Cuttack and another
….
Petitioners
Mr. Prasanta Kumar Satapathy,
Advocate
-versus-
Union Bank of India, Mumbai
and others
….
Opp. Parties
Mr. Amiya Kumar Mishra (2),
Advocate for OP Nos.2 & 3
Mr. Md. Riaz, Advocate
for OP No.7
CORAM:
HON’BLE MR. JUSTICE K.R. MOHAPATRA
HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
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ORDER
13.08.2026 Order No.
05.
1. This matter is taken up through Hybrid Mode.
2. This Writ Petition has been filed assailing the order dated 27.03.2025 passed by the Debts Recovery Appellate Tribunal, Kolkata (Camp Court at DRT, Kataka, (for brevity, “DRAT”) in Misc. Appeal No.12 of 2025 whereby dismissing the Appeal, the DRAT confirmed the order dated 05.12.2024 passed by the Debts Recovery Tribunal, Kataka, (for brevity, “DRT”) in I.A. No.1474 of 2024 arising out of S.A. No.57 of 2024.
3. I.A. No.1474 of 2024 was filed for amendment of the application filed by the Petitioner under Section-17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for brevity, “SARFAESI Act, 2002”.
4. It is submitted by Mr. Satapathy, learned counsel for the Petitioner that when the auction purchaser appeared before the DRT through caveat in S.A. No.57 of 2024 and contended that sale certificate has already been issued in his fvaour, the borrower came to know about the same and filed an application for amendment (I.A. No.1474 of 2024), the same rejected by the DRT vide order dated 05.12.2024. Assailing the same, the borrower filed Misc. Appeal No.12 of 2025 before the DRAT which was also dismissed vide order dated 27.03.2025.
5. In course of argument, Mr. Satapathy, learned counsel for the Petitioners prays for withdrawal of the Writ Petition submitting that interest of justice would be best served if a separate application under Section - 17 of the SARFAESI Act, 2002 is filed assailing the sale certificate issued in favour of the auction purchaser – Opposite Party No.7 and for consequential relief explaining the delay in filing the S.A.
6. Mr. Mishra, learned counsel for the Union Bank of India, however, submits that if any such application is filed, the Bank should be given an opportunity to file objection to the petition for condonation of delay as well as to the S.A.
Amit/Rajesh
7. Mr. Riaz, learned counsel for the Opposite Party No.7 also reiterates the submissions of Mr. Mishra, learned counsel for the Bank.
8. In view of the above, the Writ Petition is disposed of as withdrawn with an observation that the Petitioner, if so advised, may file an application under Section 17 of the SARFAESI Act, 2002 before the DRT within a period of two weeks hence assailing the sale certificate issued in favour of the Opposite Party No.7 and consequential relief along with an application for condonation of delay explaining the delay in filing such application and explaining the period of pendency of the I.A., Misc. Appeal as well as the Writ Petition before this Court. In that event, the Opposite Party No.1 Bank and Opposite Party No.7, auction purchaser will be at liberty to file their respective objections to the petition for condonation of delay.
9. In such event, the Tribunal shall do well to consider the interim application for condonation of delay on its own merit giving opportunity of hearing to the parties concerned and proceed with matter accordingly.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo)
Judge
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Aug-2026 11:05:06 Signature Not Verified