Authorised Officer, Canara Bank, Arm Branch, Cuttack Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Authorised Officer, Canara Bank, Arm Branch, Cuttack Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned Chief Judicial Magistrate, Khordha: upon the Petitioner filing an application for early disposal of Misc. Case No.108 of 2024 within two weeks, to consider it in accordance with law and dispose of it as expeditiously as possible, preferably within seven days; and, if no legal impediment is found, to dispose of the Misc. Case at the earliest.

Issue for consideration

Whether the Court should direct the learned Chief Judicial Magistrate, Khordha to dispose of Misc. Case No.108 of 2024, filed by the Petitioner-Bank under Section 14(1) of 'the Act' and pending beyond the statutory period prescribed by the proviso to Section 14(1)(ix).

Court's answer

The writ petition is disposed of with a direction that if the Petitioner files an application for early disposal of Misc. Case No.108 of 2024 within a period of two weeks, such application shall be considered in accordance with law and disposed of as expeditiously as possible, preferably within a period of seven days therefrom.

Ratio / Principle

While dealing with and disposing of the application for early disposal, if it is found that there is no legal impediment, the learned Chief Judicial Magistrate, Khordha shall dispose of Misc. Case No.108 of 2024 at the earliest.

Detailed headnote1 paragraphs

High Court of Orissa disposed of a writ petition by the Authorised Officer, Canara Bank, Arm Branch, Cuttack seeking a direction for disposal of Misc. Case No.108 of 2024, filed under Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the Act') and pending before the Chief Judicial Magistrate, Khordha since 20.06.2024 beyond the thirty-plus-thirty (sixty) day outer limit under the proviso to Section 14(1)(ix). The Court directed that an application for early disposal filed by the Petitioner within two weeks be considered in accordance with law and disposed of preferably within seven days, and that, absent any legal impediment, the Misc. Case be disposed of at the earliest.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO.7059 OF 2025

Authorised Officer, Canara Bank, Arm …. Petitioner Branch, Cuttack

Mr. Ashok Kumar Behera, Advocate

-versus-

State of Odisha and others

…. Opp. Parties

Mr. Pradeep Kumar Sahoo, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

13.03.2025

1. This matter is taken up through hybrid mode.

Petitioner in this writ petition prays for a direction to learned Chief Judicial Magistrate, Khordha to dispose of Misc. Case No.108 of 2024 filed by the Petitioner-Bank under Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, ‘the Act’).

Mr. Behera, learned counsel for the Petitioner submits that though the application is pending since 20^th June, 2024, but learned Chief Judicial Magistrate, Khordha, has not yet taken any step for early disposal of the same, more particularly, in view of the provision under Section 14 (1) (ix) of the Act.

It is his submission that as per the proviso to Section 14(1) (ix) of the Act, the learned Chief Judicial Magistrate, Khordha is required to dispose of the application filed under Section 14 of the Act within thirty days from the date of filing of the application. It is further provided that if no order is passed by learned Chief Judicial Magistrate or the District Magistrate, as the case may be, within the aforesaid period of thirty days, he shall dispose of the

application not later than further period of thirty days, total aggregating sixty days by recording reasons thereto. In spite of the same, the application under Section 14(1) of the Act has not yet been disposed of.

Mr. Sahoo, learned ASC does not have any instruction with regard to the present status of the case.

Upon hearing learned counsel for the parties and on perusal of the case record, this Court is not clear about status of the application under Section 14(1) of the Act filed by the PetitionerBank.

Hence, the writ petition is disposed of, with a direction that in the event the Petitioner files an application for early disposal of Misc. Case No.108 of 2024, stated to be pending before learned Chief Judicial Magistrate, Khordha, within a period of two weeks hence, such application shall be considered in accordance with law and disposed of as expeditiously as possible, preferably within a period of seven days therefrom.

It is made clear that while dealing and disposing of the application for early disposal, if it is found that there is no legal impediment for early disposal of Misc. Case No.108 of 2024, the learned Chief Judicial Magistrate, Khordha shall do well to dispose of the same at the earliest.

(K.R. Mohapatra) Judge

(S.K. Mishra)

Kanhu

Judge

Signature Not Verified

Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 13-Mar-2025 19:49:25

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