Orissa High Court

WP(C)/23417/2026 of VINAY KUMAR TIBAREWAL Vs STATE OF ODISHA on 31 July 2026

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead