Orissa High Court
WP(C)/18548/2026 of M/S GREENWAY MOTORS, NAYAGARH Vs COLLECTOR CUM DIST.MAGISTRATE, KHURDA on 1 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18548 of 2026 M/s. Greenway Motors, Nayagarh & Others …. Petitioners Mr. N.K. Samantaray, Advocate -Versus- Collector-cum-District Magistrate, Khurda & Another …. Opp. Parties Mr. S.K. Jee, AGA CORAM: JUSTICE KRISHNA S.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18548 of 2026
M/s. Greenway Motors, Nayagarh &
Others
….
Petitioners
Mr. N.K. Samantaray, Advocate
-Versus-
Collector-cum-District Magistrate,
Khurda & Another
….
Opp. Parties
Mr. S.K. Jee, AGA
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE CHITTARANJAN DASH
Order No.
01.
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ORDER
01.07.2026 Heard learned counsel appearing for the Petitioners. He seeks to lay a challenge to the coercive proceedings of loan recovery pursuant to the order dated 08.05.2026 passed by the Collector, Khurda in Bank’s Miscellaneous Case No.08/2024.
2. Learned counsel for the Petitioners vehemently argues that the fundamental rights of his client have been violated and therefore, interference of the Writ Court is eminently warranted, the DRT not being competent to decide such issues.
3. Learned AGA-Mr. Jee appearing for the OP-1, opposes the petition contending that a copy of the order would be furnished to the Petitioners within one week and he should be relegated to the statutory remedy under Section 17 of the SARFAESI Act, 2002.
4. Having heard learned counsel for the parties and having perused the petition papers, we do not agree that any fundamental right issue arises in this matter and there being a statutory remedy provided by the Parliament in terms of 2002 Act, petition is liable to be disposed off without interference, of course with liberty to the Petitioners to avail the alternate remedy. The limitation for the challenge would be computed from the date on which the Collector would furnish an authenticated copy of the order dated 08.05.2026 passed in Bank’s Miscellaneous Case No.08/2024. Delay in furnishing the copy of the order would be viewed very seriously in the next level of litigation. All contentions of the parties are kept open.
Web copy of this order to be acted upon by all concerned.
(Krishna S. Dixit) Judge
(Chittaranjan Dash) Judge
Madhusmita
Digitally Signed Signed by: MADHUSMITA MALLICK Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 02-Jul-2026 15:17:35 Signature Not Verified