Disposed¶20

Birsumanti Sunita Dora v. M/S Welcon Infrastructure Pvt.Ltd., Bbsr

Orissa HC7 Jul 2025WP(C)/18116/2025

Case brief

AI extract

What is this about?

High Court of Orissa at Cuttack; W.P.(C) No.18116 of 2025; Birsumanti Sunita Dora v. M/s. Welcon Infrastructure Pvt. Ltd. and others; challenge to sale notice dated 17.06.2025 by Authorized Officer, LIC Housing Finance Ltd. (opposite party no.3); SARFAESI Act contravention alleged; sections 13(2) and 13(4) notices and one month notice not served; E-auction dated 02.07.2025 turned unsuccessful; writ petition disposed of on alternative and efficacious remedy grounds with liberty to approach DRT; merits not opined upon; judges S.K. Sahoo and S.S. Mishra; order dated 07.07.2025.

What did the court decide?

Liberty to the petitioner to approach the DRT by filing an application raising all the points as raised in the writ petition, to be adjudicated and considered in accordance with law. ¶20

Birsumanti Sunita Dora Vs M/S Welcon Infrastructure… — Banking and Recovery | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.18116 of 2025

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Birsumanti Sunita Dora …. Petitioner

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Mr. Siddhant Sarangi, Advocate

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-versus-

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M/s. Welcon Infrastructure Pvt. Ltd., Bhubaneswar and others

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…. Opp. Parties

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CORAM:

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THE HON'BLE MR. JUSTICE S.K. SAHOO

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THE HON'BLE MR. JUSTICE S.S. MISHRA

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Order No.

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ORDER 07.07.2025

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode). The petitioner Birsumanti Sunita Dora has filed this writ petition challenging the sale notice dated 17.06.2025 issued by the opposite party no.3, Authorized Officer, LIC Housing Finance Ltd., Bhubaneswar.

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An averment has been taken in the writ petition that the action of the opposite party no.3 in putting the property under auction is bad in law as there is contravention of the provision of the SARFAESI Act and one month notice has not been served on the petitioner before putting the property to E-auction and neither notice under section 13(2) nor section 13(4) of

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the SARFAESI Act has been served on the petitioner before issuance of such sale notice.

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However, when we found that the date of sale was mentioned in the sale notice to be on 02.07.2025, we made a query to the learned counsel for the petitioner about the status of sale.

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Learned counsel for the petitioner submitted that the auction sale has become unsuccessful.

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After going through the pleadings, since alternative and efficacious remedy is available to the petitioner, without expressing any opinion on the merits of the case, we dispose of the writ petition giving liberty to the petitioner to approach the DRT by filing an application raising all the points as raised in this writ petition, which is to be adjudicated in accordance with law. If such an application is filed, the same shall be considered in accordance with law.

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Accordingly, the writ petition is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( S.K. Sahoo)

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Judge

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RKM Signature Not Verified

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( S.S. Mishra)

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 08-Jul-2025 18:09:17

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Judge

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Birsumanti Sunita Dora v. M/S Welcon Infrastructure Pvt.Ltd., Bbsr

Case brief

What is this about?

What did the court decide?

Birsumanti Sunita Dora v. M/S Welcon Infrastructure Pvt.Ltd., Bbsr

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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