Writ petition sought direction to PNB to consider an OTS proposal and release mortgaged property. Since two SARFAESI section 17 applications were pending before Debts Recovery Tribunal, Cuttack, the court disposed of the petition, leaving the petitioner to raise her contentions there.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1988 of 2024
1. Kanakalata Mahal ..... Petitioner
Represented By Sr. Adv. Mr.S.K. Mishra, Mr.L.N.Patel, Advocate
-versus-
1. Punjab National Bank; ….. Opp. Parties 2. Branch Manager, PNB; Sahid Nagar; Represented By 3. Sarbajit Mahal; and Mr.A.K. Biswal 4. Rajashree Rout Adv. For O.P.1 Mr.B.K. Mishra, Adv. For O.P.4
CORAM:
THE HON’BLE MR. JUSTICE D.DASH AND
THE HON’BLE MR. JUSTICE V. NARASINGH ORDER
06.05.2024
Order No.
in Court today is taken on record.
Page 1 of 3.
It is seen that pursuant to the notice under section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’), two applications under section 17 of SARFAESI Act have been filed before the learned Debts Recovery Tribunal, Cuttack; one numbered as S.A. No.238 of 2023 filed by Sarabjit Mahal, the son of the loanee and another by one Ranjit Kumar Mahal, the son of the present Petitioner lying with Diary No.68 of 2024 for consideration of the matter of condonation of delay.
In view of such pendency of the applications before the learned Debts Recovery Tribunal, while being not inclined to entertain this writ Petition with the prayer, as afore-stated, we dispose of the same with the observation that it would be open for the Petitioner to raise all such
Page 2 of 3.
contentions, as permissible under law, in those applications for their consideration in proper perspective.
It would be open to the Petitioner to file an application seeking an interim order for its consideration and disposal in accordance with law.
The interim order dated 08.02.2024 passed in I.A. No.1458 of 2024 does no more survive to hold the field and that I.A. is accordingly disposed of.
Issue urgent certified copy of this order on proper application.
(D.DASH) Judge
(V. NARASINGH) Judge
Basu
Signature Not Verified
Digitally Signed Signed by: BASUDEV NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 08-May-2024 16:47:34
Page 3 of 3.
1 issue framed by the court
Should the court entertain the writ petition seeking OTS consideration and mortgage release when applications under section 17 SARFAESI Act are pending before DRT Cuttack?
3 provisions across 3 enactments
Kanakalata Mahal
Punjab National Bank
Branch Manager, PNB, Sahid Nagar
Sarbajit Mahal
Rajashree Rout
D.Dash
V. Narasingh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
