Disposed¶16

Sanjib Kumar Dash v. M/S Devansh Bike World

Orissa HC24 Mar 2025WP(C)/7102/2025

Case brief

AI extract

What is this about?

SARFAESI Section 14(1) application; Authorized Officer; individual capacity; inadvertent filing; withdrawal of writ petition; Misc. Case No.1430 of 2023; Collector-cum-District Magistrate Khurda; seven-day disposal direction; Sanjib Kumar Dash v. M/s. Devansh Bike World; W.P.(C) No.7102 of 2025; High Court of Orissa; disposed as withdrawn.

What did the court decide?

Writ petition permitted to be withdrawn; the Court observed that if the petitioner files an application for withdrawal of the Section 14(1) SARFAESI application seeking liberty to file an appropriate application, it shall be considered and disposed of within seven days therefrom. ¶16

Sanjib Kumar Dash Vs M/S Devansh Bike World — Orissa HC (2025) — LawSathi Research

¶1

Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 25-Mar-2025 10:24:04

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.7102 OF 2025

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Sanjib Kumar Dash …. Petitioner

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Mr. Ramesh Chandra Ojha, Advocate

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-versus-

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M/s. Devansh Bike World and others

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…. Opp. Parties

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Mr. Subha Bikash Panda, Additional Government Advocate

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CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

Order No.

ORDER 24.03.2025

This matter is taken up through hybrid mode.

¶14

Petitioner in this writ petition prays for a direction to the Collector-cum-District Magistrate, Khurda-Opposite Party No.4 to dispose of Misc. Case No.1430 of 2023 filed under Section 14(1) of the Securitization And Reconstruction of Financial Assests And Enforcement of Security Interest Act (SARFAESI), 2002 (for brevity ‘the Act’) within a stipulated period.

¶15

In course of hearing, Mr. Ojha, learned counsel for the Petitioner submits that inadvertently the Petitioner, who is acting as Authorized Officer has filed application under Section 14(1) of the Act in his individual capacity. Thus, he prays for withdrawal of the writ petition to move the Collector-cum-District Magistrate, Khurda to withdraw the application under Section 14(1) of the Act seeking liberty to file a proper application.

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In view of the above, this Court disposes of this writ petition as withdrawn with an observation that in the event, the Petitioner files an application for withdrawal of the application under Section 14(1) of the Act seeking liberty to file an appropriate application

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Page 1 of 2

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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: 25-Mar-2025 10:24:04

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under the said provision, the same shall be considered and dispose of within a period of seven days therefrom.

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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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Page 2 of 2

Sanjib Kumar Dash v. M/S Devansh Bike World

Case brief

What is this about?

What did the court decide?

Sanjib Kumar Dash v. M/S Devansh Bike World

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

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