Orissa High Court
WP(C)/22679/2026 of SUFIA SULTANA Vs AUTHORISED OFFICER, ICICI BANK, KHORDHA on 31 July 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.22679 of 2026 CNR No. ODHC010533442026 Sufia Sultana ..... Petitioner Represented by Adv. – Mr. D. Pattanaik -versus- AUTHORISED OFFICER, ICICI BANK, KHORDHA ..... Opposite Party Represented by Adv. - CORAM: JUSTICE KRUSHNA RAM MOHAPATRA
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.22679 of 2026
CNR No. ODHC010533442026
Sufia Sultana
.....
Petitioner
Represented by Adv.
– Mr. D. Pattanaik
-versus-
AUTHORISED OFFICER,
ICICI BANK, KHORDHA
.....
Opposite Party
Represented by Adv.
-
CORAM:
JUSTICE KRUSHNA RAM MOHAPATRA
JUSTICE MRUGANKA SEKHAR SAHOO
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ORDER
31.07.2026 Order No.
01.
1. This matter is taken up through hybrid mode.
2. Petitioner in this writ application prays for the following relief:- “Therefore, it is prayed that this Hon'ble Court may be pleased to issue notice of show cause to the opposite party and after hearing the parties may further be pleased to issue appropriate writ by quashing the demand notice dated 02.12.2025 and possession notice dated 08.04.2026, in the interest of justice.
And May also pass such other writ/writs, order/orders and direction / directions that may deem fit and proper under the facts and circumstances of this case.
And; For which act of your kindness the petitioner as in duty bound shall ever pray.”
3. In course of hearing Mr. Pattanaik, learned counsel appearing for the Petitioner submits that the Petitioner has an efficacious remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity “SARFAESI Act”) for redressal of his grievances. He, however, submits that there may be some delay in filing the application under Section 17 of the SARFAESI Act. He, therefore, prays for withdrawal of the writ petition submitting that the Petitioner shall avail remedy before DEBT Recovery Tribunal. He further prays that delay, if any, in filing the petition under Section 17 of the SARFAESI Act may be considered liberally.
4. Taking note of the submission made by the learned counsel appearing for the Petitioner, this Court disposes of the writ petition as withdrawn with an observation that the petitioner, if so advised, may avail appropriate remedy before the DEBT Recovery Tribunal, Odisha, Kataka.
5. The Petitioner is also at liberty to file an application for condonation of delay in moving the DEBT Recovery Tribunal, which shall be considered liberally giving opportunity of hearing to the parties concerned.
(K.R.MOHAPATRA) Judge
(Mruganka Sekhar Sahoo) Judge Utkalika
Digitally Signed Signed by: UTKALIKA NAYAK Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 31-Jul-2026 17:33:48 Signature Not Verified