Disposed¶21

Sk.Mumtaz Ali v. Debts Recovery Tribunal , Cuttack

Writ Petition (W.P.(C) No.2105 of 2025) – Direction for early disposal of SARFAESI securitisation application

Orissa HC4 Feb 2025WP(C)/2105/2025

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What is this about?

SARFAESI Act 2002 Section 17(1) Section 17(5); DRT Cuttack; SA No.78 of 2022; IA No.768 of 2022 stay of auction sale infructuous; speedy disposal / time-bound direction; writ disposed of; two-month deadline from certified copy; next hearing 18.02.2025; High Court of Orissa; K.R. Mohapatra and Sanjay Kumar Mishra, JJ.; petitioner SK. Mumtaz Ali; counsel S.K. Aziz.

What did the court decide?

Direction to the Debts Recovery Tribunal, Cuttack to dispose of SA No.78 of 2022 within two months from the date of production of certified copy of the order (next hearing date 18.02.2025), giving opportunity of hearing to the parties concerned. ¶21

Sk.Mumtaz Ali Vs Debts Recovery Tribunal , Cuttack — Banking and Recovery | Orissa HC (2025)

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Feb-2025 10:53:53

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). NO.2105 OF 2025

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SK. Mumtaz Ali …. Petitioner

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Mr. S.K. Aziz, Advocate

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-versus-

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Debts Recovery Tribunal, Cuttack and …. Opp. Parties others

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

Order No.

ORDER 04.02.2025

This matter is taken up through hybrid mode.

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Petitioner in this writ petition prays for a direction for early disposal of SA No.78 of 2022 pending before the Debts Recovery Tribunal, Cuttack, Odisha.

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Mr. Aziz, learned counsel for the Petitioner submits that the borrower has filed the aforesaid application under Section 17(1) of the Securitization And Reconstruction of Financial Assests And Enforcement of Security Interest Act (for brevity ‘the SARFAESI Act’), 2002, which is pending since 2022. SA No.78 of 2022 is ready for hearing and there is no legal impediment for its disposal. Drawing attention to the order sheet at Annexure-1, learned counsel for the Petitioner submits that the applications for urgent hearing of SA No.78 of 2022 and stay of sale notice were filed for consideration. In the meantime, IA No.768 of 2022 filed for stay of auction sale has become infructuous, as observed by learned Tribunal vide order dated 12^th August, 2022. But, learned Tribunal is not taking up the matter for early hearing. Section 17(5) of the SARFAESI Act, 2002 clearly stipulates that application filed under Section 17(1) of the SARFAESI Act

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Feb-2025 10:53:53

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should be disposed of within a period of 60 days from the date of filing of such application and in any event not beyond four months. Inspite of the same, the matter is being adjourned to different dates casually. Hence, he prays for early disposal of the SA.

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Upon hearing learned counsel for the Petitioner and on perusal of the order sheet of SA pending before the Debts Recovery Tribunal, Cuttack, Odisha, it appears that vide order dated 4^th October, 2024 learned Presiding Officer, Debts Recovery Tribunal. Cuttack directed the parties to file the written notes of for final hearing of the matter. The matter was then posted to 12^th November, 2024. It is submitted by learned counsel for the Petitioner that written note of submission by the parties has already been filed, but the matter is pending for adjudication.

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In view of the above, this writ petition is disposed of with a direction that SA No.78 of 2022 shall be disposed of within a period of two months from the date of production of certified copy of this order on the next date of hearing, i.e., 18^th February, 2025 as submitted by learned counsel for the Petitioner, giving opportunity of hearing to the parties concerned.

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

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(K.R. Mohapatra) Judge

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Rojalin

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(S.K.Mishra) Judge

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Sk.Mumtaz Ali v. Debts Recovery Tribunal , Cuttack

Case brief

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Sk.Mumtaz Ali v. Debts Recovery Tribunal , Cuttack

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