Disposed¶26

Sukanti Sahoo v. Branch Manager, Piramal Capital and Housing Finance Ltd., Bbsr

Orissa HC7 May 2024WP(C)/845/2024

Case brief

AI extract

What is this about?

Orissa High Court; W.P.(C) No.845 of 2024; Smt. Sukanti Sahoo & Ors. v. Branch Manager, Piramal Capital and Housing Finance Ltd. & Ors.; housing-loan EMIs already paid not accepted; no clarification of letter dated 28.11.2023; alternative statutory remedy; direction to approach DRT Cuttack; DRT Act; SARFAESI Act; Article 226 restraint; PHR Invent Educational Society v. UCO Bank and Ors.; Satyawati Tondon; writ petition disposed of.

What did the court decide?

Petitioners directed to approach the DRT, Cuttack for redressal of their grievance; Writ Petition disposed of accordingly. ¶26

Sukanti Sahoo Vs Branch Manager, Piramal Capital and… — Banking and Recovery | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.845 of 2024

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Smt. Sukanti Sahoo & Ors.

¶4

…. Petitioner(s)

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Mr. G.P. Dutta, Adv.

¶6

-versus-

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Branch Manager, Piramal …. Opposite Parties Capital and Housing Finance Ltd. & Ors.

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Mr. S.R. Mohapatra, Adv. for O.Ps.2 & 3

¶9

CORAM:

¶10

DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

07.05.2024

1 . This matter is taken up through hybrid arrangement.

¶17

2 . In filing this Writ Petition, the Petitioners have challenged the action of the Opposite Party No.1/Branch Manager, Piramal Capital and Housing Finance Ltd. in not accepting the EMIs already paid and also not giving clarification to the letter dated 28.11.2023.

¶18

3 . At the outset, drawing the attention of this Court to the direction of the Supreme Court in the case of PHR Invent Educational Society Vrs. UCO Bank and Ors.¹ , learned counsel for the Opposite Parties/Bank submits that the Petitioners should approach the DRT, Cuttack for Signature Not Verifiedredressal of their grievance.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 09-May-2024 18:54:59

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1 Civil Appeal No. of 2024 arising out of SLP (C) No.8867 of 2022

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Page 1 of 2

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4. The relevant portion of the above noted judgment is extracted herein below:-

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“33. While dismissing the writ petition, we will have to remind the High Courts of the following words of this Court in the case of Satyawati Tondon (supra) since we have come across various matters wherein the High Courts have been entertaining petitions arising out of the DRT Act and the SARFAESI Act in spite of availability of an effective alternative remedy:

¶24

“ 55. It is a matter of serious concern that despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under the DRT Act and the SARFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with greater caution, care and circumspection.”

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5. Considering the above submission of learned counsel for the Opposite Parties/Bank and looking to the decision quoted hereinabove, this Court directs the Petitioners to approach the DRT, Cuttack for redressal of their grievance.

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6. This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 09-May-2024 18:54:59

¶31

Page 2 of 2

Sukanti Sahoo v. Branch Manager, Piramal Capital and Housing Finance Ltd., Bbsr

Case brief

What is this about?

What did the court decide?

Sukanti Sahoo v. Branch Manager, Piramal Capital and Housing Finance Ltd., Bbsr

Case brief

What is this about?

What did the court decide?

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What the court decided

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