Orissa High Court
WP(C)/23417/2026 of VINAY KUMAR TIBAREWAL Vs STATE OF ODISHA on 31 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) NO.23417 OF 2026 Vinay Kumar Tibarewal …. Petitioner Mr. Sekh Zakir Hussain, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. U.C. Behura, AGA CORAM: HON’BLE MR. JUSTICE K.R. MOHAPATRA HON’BLE MR.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) NO.23417 OF 2026
Vinay Kumar Tibarewal
….
Petitioner
Mr. Sekh Zakir Hussain, Advocate
-versus-
State of Odisha and others
….
Opp. Parties
Mr. U.C. Behura, AGA
CORAM:
HON’BLE MR. JUSTICE K.R. MOHAPATRA
HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
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ORDER
Order No. 31.07.2026
02.
1. This matter is taken up through Hybrid Mode.
2. The petitioner in this writ petition prays for the following reliefs:- “(i) to issue Rule NISI calling upon the Opp No.2 to show cause as to why he refused to entertain and decide the petitioner’s intervention and recall petition under Annexure- 2 & 3.
(ii) issue a writ of Mandamus directing Opposite Party No.2 to consider and dispose of the petitioner’s intervention and Recall Petition under Annexure-2 & 3 petition by passing a reasoned and speaking order after affording an opportunity of hearing to the petitioner.
(iii) direct Opposite Party Nos.2 and 3 not to take any coercive steps pursuant to Order No.458 dated 17.06.2026 passed under Section 14 of the SARFAESI Act until disposal of the petitioner’s intervention application or until such further orders as this Hon’ble Court may deem fit.”
3. The matter was taken up on 28.07.2026 when this Court passed the following order: “1. This matter is taken up through Hybrid Mode.
2. Mr. Hussain, learned counsel for the Petitioner prays for a short adjournment to get prepared with regard to the locus standi of the Petitioner to intervene in the proceeding under section 14 of the SARFAESI Act, 2002. He shall also come prepared to address the Court on the binding effect of an order of status quo passed by the Civil Court to the parties in a proceeding under section 14 of the SARFAESI Act, 2002.
3. Put up this matter on 31st July, 2026”
4. Mr. Hussain, learned counsel for the Petitioner in course of hearing submits that interest of justice will be best served, if the petitioner seeks appropriate relief before the Debts Recovery Tribunal (DRT), Odisha, Kataka. In view of the above, he prays for withdrawal of the writ petition. In support of his contention, he files memo to that effect, which is taken on record.
5. Accordingly, the writ petition is disposed of as withdrawn with an observation that the Petitioner, if so advised, may work out his remedy before the DRT, Odisha, Kataka.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo)
Judge
Radha/Jyostna Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 31-Jul-2026 18:35:44 Signature Not Verified