Orissa High Court
WP(C)/23160/2026 of M/S. VARSHA ENTERPRISES, BHUBANESWAR Vs DEBTS RECOVERY TRIBUNAL, CUTTACK on 27 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23160 of 2026 M/s. Varsha Enterprises, Bhubaneswar and Another …. Petitioners Mr. Nalini Kanta Dash, Advocate -versus- Debts Recovery Tribunal, Cuttack & Others …. Opposite Parties Mr. Subrat Mishra, Advocate for the Bank
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23160 of 2026
M/s. Varsha Enterprises,
Bhubaneswar and Another
….
Petitioners
Mr. Nalini Kanta Dash, Advocate
-versus-
Debts Recovery Tribunal, Cuttack
& Others
….
Opposite Parties
Mr. Subrat Mishra, Advocate for the Bank
CORAM:
JUSTICE MR. K.R. MOHAPATRA
JUSTICE MR. MRUGANKA SEKHAR SAHOO
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ORDER
Order No. 27.07.2026
01.
1. This matter is taken up through hybrid mode.
2. Petitioners, in this writ petition, pray for the following relief:- “Therefore, it is prayed that this Hon'ble Court may be pleased to issue appropriate writ with a direction to the Opposite Party No. 1 to disposed of the SARFAESI Application being S.A. No.2I6 of 2025, within a short reasonable date and the opposite parties may be directed to cooperate with, for early
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 petitioners as in duty bound shall ever pray.”
3. Mr. Jena, learned counsel for the Petitioners submits that S.A. No.216 of 2025 is pending before the Debts Recovery Tribunal, Odisha, Cuttack. It is submitted that although the application under Section 17(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) has been filed since 19th December, 2025 but no order has been passed as yet. Thus, finding no other alternative, this writ petition has been filed seeking for the aforesaid relief.
4. Mr. Mishra, learned Standing Counsel for the UCO Bank submits that the Petitioners have a remedy under Section 17(6) of the SARFAESI Act. He further submits that before approaching this Court, the Petitioners should have approached the Tribunal for redressal of their grievances.
5. In view of the above, this Court disposes of the writ petition with a direction that in the event the Petitioners approach the Debts Recovery Tribunal, Odisha, Kataka bringing to its notice the provisions under Section 17(5) of the SARFAESI Act, by filing a petition, he shall do well to consider such application as expeditiously as possible preferably within a period of six weeks from the date of filing of such application giving opportunity of hearing to the parties concerned.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo)
Judge Himansu Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 28-Jul-2026 17:36:54 Signature Not Verified