Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 20126 (ORI)

AUTHORISED OFFICER, CANARA BANK, ARM BRANCH, CUTTACK v. STATE OF ODISHA

WP(C)/7059/2025 · 2025-03-13

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.7059 OF 2025 Authorised Officer, Canara Bank, Arm Branch, Cuttack …. Petitioner 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 01. 1. This matter is taken up through hybrid mode. 2. 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’). 3. Mr. Behera, learned counsel for the Petitioner submits that though the application is pending since 20th 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. 4. 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 p. 2 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. 5. 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 the case record, this Court is not clear about status of the application under Section 14(1) of the Act filed by the Petitioner- Bank. 7. 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. 8. 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 Designation: Secretary Location: High Court of Orissa, Cuttack. Date: 13-Mar-2025 19:49:25