Disposed

Sunanda Parida v. Chief Manager, Rbi, Bbsr

Orissa HC3 May 2024WP(C)/8267/2024

Case brief

AI extract

What is this about?

A writ petition challenged a bank's repayment notice issued under SARFAESI proceedings. The court held it was precluded from entertaining matters arising under the SARFAESI Act, citing Supreme Court precedent against such writ petitions, and disposed of the petition with liberty to approach the appropriate forum.

What did the court decide?

Petitioner granted liberty to approach the appropriate forum; writ petition otherwise not entertained.

Sunanda Parida Vs Chief Manager, Rbi, Bbsr — Banking and Recovery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8267 of 2024

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Sunanda Parida …. Petitioner

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Represented By Adv.

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Ms. M. Jesthi

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-versus-

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…. Chief Manager, RBI, Opposite Parties Bhubaneswar & Ors.

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Represented By Adv. Mr. S. Mishra

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order

ORDER 03.05.2024

No.

1 . This matter is taken up through hybrid arrangement.

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2 . The Petitioner has filed this Writ Petition challenging letter dated 16.03.2024 issued by the Opposite Party No.3 received by the Petitioner on 23.03.2024 i.e. the self-same

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date being the prescribed deadline of the Notice for repayment of the entire outstanding dues.

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3 . Heard learned counsel for the Parties.

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4. Since this case is pertaining to SARFAESI m atter, this Court is precluded from entertaining such matter which

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Page 1 of 3

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// 2 //

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arises out of SARFAESI Act, 2002 and the Supreme Court in ICICI Bank Ltd. Vs. Umakanta Mohapatra¹ Case reprimands in approaching High Court in SARFAESI matters.

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5. Paragraph-2 and 3 of the aforesaid judgment is extracted hereinbelow:-

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“XXX

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2. Despite several judgments of this Court, including a judgment by Hon'ble Navin Sinha, J., as recently as on 30-1-2018, in State Bank of Travancore v. Mathew K.C.¹, the High Courts continue to entertain matters which arise under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), and keep granting interim orders in favour of persons who are non-performing assets (NPAs).

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3. The writ petition itself was not maintainable, as a result of which, in view of our recent judgment, which has followed earlier judgments of this Court, held as follows: (SCC p. 94, para 17)

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"17. We cannot help but disapprove the approach of the High Court for reasons already noticed in Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineering Works (P) Ltd.2, observing: (SCC p. 463, para 32)

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32. When a position, in law, is well settled as a result of judicial pronouncement of this Court, it would amount to judicial impropriety to say the least, for the subordinate courts including the High Courts to ignore the settled decisions and then to pass a judicial order

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1 (2019) 13 Supreme Court Cases 497

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Page 2 of 3

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// 3 //

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which is clearly contrary to the settled legal position. Such judicial adventurism cannot be permitted and we strongly deprecate the tendency of the subordinate courts in not applying the settled principles and in passing whimsical orders which necessarily has the effect of granting wrongful and unwarranted relief to one of the parties. It is time that this tendency stops. XXX”

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6. In such view of the above, this Court is not inclined to entertain the present Writ Petition. The Petitioner is granted liberty to approach the appropriate forum in accordance with law.

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Accordingly, the Writ Petition is disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Sumitra

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-May-2024 17:29:34

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Sunanda Parida v. Chief Manager, Rbi, Bbsr

Case brief

What is this about?

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Sunanda Parida v. Chief Manager, Rbi, Bbsr

Case brief

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