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2025 DAILYLAW 1867 (ORI)

GAYATRI DEVI AGARWAL v. STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH, MADHUPATNA, CUTTACK

WP(C)/25049/2025 · 2026-03-24

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 25049 of 2025 Gayatri Devi Agarwal …. Petitioner Mr. Sunkuru Sudhakar Rao, Sr. Advocate -Versus- State Bank of India and Others …. Opp. Parties Ms. Mamata Tripathy, Advocate For the Bank Mr. Budhadev Routray, Sr. Advocate For the Borrower CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER Order No. 24.03.2026 05. Challenge is to the coercive recovery action of the outstanding amount constituted under the provisions of the SARFAESI Act, 2002. Both sides argued the matter for some time and are now graciously agreeable that the borrower and the guarantor shall deposit a sum of ₹24,00,000/- (Rupees Twenty-Four Lakh) only in the loan account within three weeks and the balance amount within a further period of two weeks as a pre-condition for consideration of their proposed application for One Time Settlement (OTS). The Bank shall consider the said application leniently, keeping in view the observations of the Apex Court in State of Uttar Pradesh v. United Bank of India, (2016) 2 SCC 757, and the applicable RBI circulars as well as its own policy guidelines. p. 2 The application for OTS shall be made within one week after making the payment as directed above. Till such application is considered and the result of such consideration is communicated to the borrower and the guarantor, and for a further period of two weeks thereafter, no coercive action shall be taken against them. Ordered accordingly. The writ petition stands disposed off. Web copy of this order shall be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge AKPradhan/Priyanka Designation: Senior Stenographer