Orissa High Court
WP(C)/20616/2026 of SANTOSH KUMAR MOHANTY Vs THE AUTHORISED OFFICER, UNION BANK OF INDIA, CUTTACK on 7 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.20616 of 2026 Santosh Kumar Mohanty & another …. Petitioners Mr. A.K. Biswal, Adv. -Versus- The Authorised Officer, Union Bank of India, Cuttack & others …. Opp. Parties Mr. T. Sahu, S.C. for Bank CORAM: JUSTICE KRISHNA S.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.20616 of 2026
Santosh Kumar Mohanty & another
….
Petitioners
Mr. A.K. Biswal, Adv.
-Versus-
The Authorised Officer, Union Bank
of India, Cuttack & others
….
Opp. Parties
Mr. T. Sahu, S.C. for Bank
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE CHITTARANJAN DASH
Order No.
01.
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ORDER
07.07.2026 WP(C) No.20616 of 2026 & I.A. 12353 of 2026
Petitioner-borrower is knocking at the doors of the Writ Court with the following prayer: “In view of the submission made above, it is therefore prayed that, your lordships would be graciously pleased to allow this petition and on bearing the counsels of the petitioner issue Rule NISI calling upon the opposite parties No.1 & 2 (Bank) to show cause as to why the impugned Symbolic Possession Notice dt. Notice dt.17.03.2026 U/s.l3(4) of SARFAESI Act, 2002 under Annexure-4 shall not be quashed; And if the said opposite parties No. 1 & 2 (Bank) fails to submits show cause or shows insufficient cause within the stipulated time to make the said Rule absolute; And direct the opposite parties No.l & 2 (Bank) to settlement the petitioner/Borrower/Mortgagor loans account under OTS Scheme;”(sic)
2. Learned counsel for the Petitioner very fairly submits and we agree with the same that right to speedy justice being one of the facets of
Article 21 of the Constitution of India in the light of catena of decisions of the Apex Court, a direction needs to be issued to the DRT, Cuttack to take up interim application filed in S.A. No.86 of 2025 on a war footing. Notice to other side is dispensed with, since it will have full opportunity of participation, when the said application is taken up for consideration.
3. It is also necessary that main matter too is heard and disposed off as early as possible of course, keeping in view the seniority and the other pressing works.
In the above circumstances, the Petition is disposed off with the above observations. I.A. in said S.A. to be considered within an outer limit of four weeks. All contentions are kept open. Registry to send a copy of this order to Respondent-Bank. No protection is granted at the hands of this Court.
Web copy of this order to be acted upon by all concerned.
(Krishna S. Dixit) Judge
(Chittaranjan Dash) Judge
Prasant
Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 08-Jul-2026 13:56:52 Signature Not Verified