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

Writ petition disposed of with directions: Petitioner to file an application for early disposal of Misc. Case No.167 of 2024 within two weeks; the Chief Judicial Magistrate, Khordha to consider and dispose of that application in accordance with law, preferably within seven days; and, absent legal impediment, to dispose of the Misc. Case itself at the earliest.

Issue for consideration

Whether the writ petition should secure a direction to the learned Chief Judicial Magistrate, Khordha to expedite/dispose of Misc. Case No.167 of 2024, filed by the Petitioner-Bank under Section 14(1) of the SARFAESI Act, 2002 and pending since 21 September 2024 despite the statutory timeline under the proviso to Section 14(1)(ix).

Ratio / Principle

Finding itself unclear about the status of the Section 14(1) application, the Court disposed of the writ petition with a direction that if the Petitioner files an application for early disposal of Misc. Case No.167 of 2024 (pending before the Chief Judicial Magistrate, Khordha) within two weeks, that application shall be considered in accordance with law and disposed of as expeditiously as possible, preferably within seven days therefrom.

Key takeaways

While dealing with 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.167 of 2024, the learned Chief Judicial Magistrate, Khordha should dispose of the same at the earliest.ratio¶21

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.7078 of 2025, decided 13.03.2025) by the Authorised Officer, Canara Bank seeking a direction to the Chief Judicial Magistrate, Khordha to dispose of Misc. Case No.167 of 2024 filed under Section 14(1) of the SARFAESI Act, 2002, pending since 21 September 2024 notwithstanding the proviso to Section 14(1)(ix) requiring disposal within thirty days (extendable by a reasoned further thirty days, totalling sixty days). Finding the status of the application unclear, the Court disposed of the petition, directing that an application for early disposal filed within two weeks be considered in accordance with law and decided preferably within seven days, and that, absent legal impediment, the Misc. Case be disposed of at the earliest.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO.7078 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.167 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 through the application is pending since 21^st September, 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 the 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. 6. Upon hearing learned counsel for the parties and on perusal of records, this Court is not clear about to status of the application under Section 14(1) of the Act filed by the Petitioner-Bank.

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.167 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. 167 of 2024, the learned Chief Judicial Magistrate, Khordha shall do well to dispose of the same at the earliest.

(K.R. Mohapatra) Judge

Kanhu

(S.K. Mishra) 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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