Disposed¶21

Jayanta Ku.Behera v. a.O.S.B.of Hyderabad

Orissa HC13 Feb 2025WP(C)/25275/2014

Case brief

AI extract

What is this about?

SARFAESI Section 19; Possession Notice dated 27.11.2014; State Bank of Hyderabad Badambadi Branch; Annexure-5; Debts Recovery Tribunal Cuttack; O.A. No.285 of 2016; O.A. No.180 of 2018; relegation to Tribunal/alternative forum; allegation of fraud and manufactured documents to avail loan; writ petition disposed with directions; High Court of Orissa at Cuttack; W.P.(C) No.25275 of 2014; K.R. Mohapatra and Sanjay Kumar Mishra, JJ.; decided 13.02.2025.

What did the court decide?

Direction to the Petitioner to raise his grievance before the Debts Recovery Tribunal, Cuttack in O.A. No.180 of 2018, with liberty to move the Competent Authority/Forum in accordance with law for redressal of his grievance, if any. ¶21

Jayanta Ku.Behera Vs a.O.S.B.of Hyderabad — Orissa HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C). NO.25275 OF 2014

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Jayanta Kumar Behera …. Petitioners

¶4

Mr. Kalpataru Mishra, Advocate

¶5

-versus-

¶6

Authorized Officer, State Bank of Hyderabad & others

¶7

…. Opp. Parties

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Mr. P.V. Balakrishna, Advocate (For Opposite Party No,2) Mr. Soubhagya Kumar Dash, Advocate (For Opposite Party No.4)

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

13.02.2025

This matter is taken up through hybrid mode.

¶16

Petitioner in this writ petition seeks to assail the Possession Notice dated 27.11.2014 issued by the State Bank of Hyderabad, Badambadi Branch, which was published in daily newspaper ‘Samaj’ on 28.11.2014 (Annexure-5).

¶17

It is submitted by Mr. Balakrishna, learned Counsel for the State Bank of Hyderabad that, a proceeding under Section 19 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in O.A. No.285 of 2016, is pending before the Debts Recovery Tribunal, Cuttack relating to the property in question. The Petitioner is also the Respondent in the said O.A.

¶18

Mr. Mishra, learned Counsel for the Petitioner submits that O.A. No.180 of 2018 pending before the Debts Recovery Tribunal relates to the property in question involved in the writ petition. He further submits that Opposite Party No.4, by

¶19

playing fraud with the Petitioner, manufactured documents to avail the loan.

¶20

Mr Dash, learned Counsel appearing for the Opposite Party No.4 strongly refutes the same and submits that, since the matter is pending before the Debts Recovery Tribunal, Cuttack, the parties may be relegated to contest the said proceeding.

¶21

In view of the above, this Court disposes of the writ petition with a direction that the Petitioner may raise his grievance before the Debts Recovery Tribunal, Cuttack in O.A. No.180 of 2018 stated to be pending before the Debts Recovery Tribunal, concerning the property in question. The Petitioner may also move the Competent Authority/Forum in accordance with law for redressal of his grievance if any.

¶22

(K.R. Mohapatra) Judge

(S.K.Mishra)

Prasant

Judge

Signature Not Verified

¶27

Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 13-Feb-2025 18:15:48

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Jayanta Ku.Behera v. a.O.S.B.of Hyderabad

Case brief

What is this about?

What did the court decide?

Jayanta Ku.Behera v. a.O.S.B.of Hyderabad

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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