Orissa High Court
WP(C)/17641/2026 of M/S. KRISHNA HOLDINGS, SUNDERGARH Vs STATE BANK OF INDIA, SAMBALPUR on 5 June 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17641 of 2026 M/s Krishna Holdings, Sundargarh …. Petitioner Mr. Sidhartha Das, Advocate -versus- State Bank of India, Sambalpur, Odisha …. Opp. Party Mr. P.V. Balakrishna, Advocate CORAM: HON’BLE MR. JUSTICE MRUGANKA
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17641 of 2026
M/s Krishna Holdings,
Sundargarh
….
Petitioner
Mr. Sidhartha Das, Advocate
-versus-
State Bank of India,
Sambalpur, Odisha
….
Opp. Party
Mr. P.V. Balakrishna, Advocate
CORAM:
HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
05.06.2026 (Hybrid mode)
01.
1. The matter is taken up in virtual mode.
Heard learned counsel for the petitioner.
2. Heard Mr. P.V. Balakrishna, learned counsel upon instruction appears on behalf of the Opp. Party.
Vakalatnama executed by the Opp. Party in favour of Mr. P.V. Balakrishna, learned counsel shall be accepted.
3. The writ application has been filed with a prayer for quashing the order dated 22.05.2026 and seeking further direction to enable the petitioner to file OTS application for One Time Settlement.
4. Perusal of Annexure-4 indicates that the said order dated 22.05.2026 has been issued directing the petitioner for vacation/handing over peaceful possession of the property in a recovery proceeding initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The period of notice is given for fifteen days to the petitioner.
5. It is submitted by the learned counsel Mr. P.V. Balakrishna upon instruction that the matter is posted before DRT, the matter is posted to 18th June, 2026 in O.A. No.94 of 2026.
6. In our considered view no purpose should be served if the matter is kept pending before this Court, more particularly, when it involves adjudication of a recovery proceeding under the SARFAESI Act, 2002. The petitioner shall have the liberty to raise all the contentions before the DRT on the date the matter is taken up i.e. 18.06.2026.
7. With the aforesaid observation, the writ petition is disposed of.
(Mruganka Sekhar Sahoo)
Vacation Judge
(M.S. Raman)
Vacation Judge Rajesh
Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Jun-2026 18:25:19 Signature Not Verified