Orissa High Court
WP(C)/20775/2026 of NITYARANJAN NAYAK Vs THE BRANCH MANAGER, UCO BANK, BARABATI BRANCH on 29 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.20775 of 2026 Nityaranjan Nayak and Another …. Petitioners Mr. Kritan Badhei, Advocate -versus- The Branch Manager, UCO Bank, Barabati Branch, Jajpur and Others …. Opposite Parties Mr. Bibhuti Bhusan Swain, Advocate ( For
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20775 of 2026
Nityaranjan Nayak and Another
….
Petitioners
Mr. Kritan Badhei, Advocate
-versus-
The Branch Manager, UCO Bank,
Barabati Branch, Jajpur and
Others
….
Opposite Parties
Mr. Bibhuti Bhusan Swain, Advocate
( For Bank-O.P. No.1)
CORAM:
JUSTICE MR. K.R. MOHAPATRA
JUSTICE MR. MRUGANKA SEKHAR SAHOO
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ORDER
Order No. 29.07.2026
02.
1. This matter is taken up through hybrid mode.
2. Mr. Bibhuti Bhusan Swain, learned counsel and his associates by filing Vakalatnama entered appearance on behalf of the Opposite Party No.1- Bank. The Vakalatnama is taken on record.
3. Petitioners, in this writ petition, seek for a direction to set aside the possession notice dated 16th September, 2025 (Annexure-
2) issued by the UCO Bank, Barabati Branch, Jajpur (Opposite Party No.1).
4. Mr. Badhei, learned counsel for the Petitioners submits that interest of justice will be best served if S.A. No. 170 of 2025 pending before the Debts Recovery Tribunal, Odisha, Kataka is disposed of at an early date.
5. Pursuant to order dated 13th July, 2026, Mr. J.P. Singh, learned Presiding Officer, Debts Recovery Tribunal, Odisha, Kataka appeared through virtual mode receiving the personal notice served on him. He refers to order dated 27th July, 2026 and 28th July, 2026 passed in S.A. No.170 of 2025 and submits that by order dated 27th July, 2026, I.A. No.1763 of 2025 arising out of S.A. No.170 of 2025 was disposed of and the matter was posted for hearing of S.A. on 28th July, 2026 on which date none appeared on behalf of the Petitioners (Applicants therein). However, the matter was heard and the judgment was reserved to be pronounced on 5th August, 2026. It is also submitted by learned Presiding Officer that written note of submission has been filed by the Applicants (Petitioners herein). He, therefore, submits that the judgment in S.A. No.170 of 2025 shall be pronounced on 5th August, 2026 taking into consideration the written submission filed by the Applicants.
6. Mr. Badehi, learned counsel submits that the Petitioners had no notice of preponing the matter to 27th July, 2026 and 28th July, 2026 for which the Petitioners (Applicants) could not represent themselves before the Debts Recovery Tribunal, Odisha, Kataka. He, however, submits that he has no objection if the judgment is pronounced taking into consideration the written note of submission submitted by the Petitioners.
7. In view of the above, this Court directs that the judgment in S.A. No.170 of 2025 filed under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) shall be pronounced on 5th August, 2026 without fail and certified copy of the same shall be made available to the parties forthwith.
8. Before parting with the order, this Court appreciate the response of learned Presiding Officer, Debts Recovery Tribunal Odisha, Kataka and fixing the date of pronouncement of judgment to 5th August, 2026.
9. With the aforesaid observation and directions, the writ petition is disposed of.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo)
Judge
Himansu Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 29-Jul-2026 19:13:23 Signature Not Verified