Dismissed¶28

Piyush Gupta v. Bhubaneswar Development Authority, Bbsr

Orissa HC2 Apr 2025WP(C)/8728/2025

Case brief

AI extract

What is this about?

SARFAESI Act 2002; Section 17 SARFAESI alternative remedy; writ petition dismissed at threshold; auction Public Notice 16.05.2022; sale certificate 29.09.2022 Annexure-2; NOC 13.05.2023 Annexure-4; O.P. No.1; Opposite Party No.3; Opposite Party bank; de novo auction; Bhubaneswar Development Authority; Piyush Gupta; Madhusudan Jena; High Court of Orissa at Cuttack; W.P.(C) No. 8728 of 2025; K.R. Mohapatra; S.K. Mishra; order dated 02.04.2025.

What did the court decide?

The auction in question was held under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002). ¶26

Piyush Gupta Vs Bhubaneswar Development Authority, Bbsr — Banking and Recovery | Orissa HC (2025)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 8728 OF 2025

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Piyush Gupta

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…. Petitioner

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Mr. Madhusudan Jena, Advocate

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-versus-

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…. Bhubaneswar Development Authority, Opp. Parties Bhubaneswar and others

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CORAM: JUSTICE K.R. MOHAPATRA

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& JUSTICE S.K. MISHRA

ORDER

Order No.

02.04.2025

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition prays for the following relief:

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“Under the above circumstances, it is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to admit this writ petition;

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And

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Declare that the Auction process initiated vide Public Notice dated 16.05.2022 and subsequent issuance of sale certificate dated 29.09.2022 under Annexure-2 and NOC dated 13.05.2023 issued by O.P. No.1 in favour of Opposite Party No.3 under Annexure-4 as illegal and void document;

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And

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Direct the Opposite Party bank to initiate de novo auction process and allow the Petitioner participate in the said auction;

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And

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Further be pleased to pass such other order/direction as this Hon’ble Court deem just and proper;

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And

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And for this act of kindness, the Petitioner as in duty bound, shall ever pray.”

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Page 1 of 2

¶26

Upon hearing learned counsel for the Petitioner and perusal of the writ petition, this Court finds that the auction in question was held under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002).

¶27