Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 2876 (ORI)

NIRAJ KUMAR CHAMPATI v. PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL, ODISHA, CUTTACK

WP(C)/35221/2025 · 2026-01-06

Dixit K S, Sibo Sankar 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.35221 of 2025 Niraj Jumar Champati …. Petitioner Mr. D. Samal, Advocate -Versus- Presiding Officer, Debt Recovery Tribunal, Cuttack and others …. Opposite Parties CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE SIBO SANKAR MISHRA Order No. 01. ORDER 06.01.2026 The challenge is to the DRT order dated 09.12.2024, whereby S.A. No.168 of 2023 having been allowed the proceedings in terms of Section 13(2) & 13(4) of the Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest (SARFAESI) Act, 2002 have been set at naught. Apparently, this order is appealable under Section 18 of the SARFAESI Act, 2002. No extraordinary circumstances for bypassing the availability of statutory remedy are demonstrated. 2. It has been settled position of law since decades by virtue of a catena of decisions of the Apex Court that ordinarily the Writ Courts will not grant indulgence, where the litigants can have redressal to the grievance elsewhere under a special statute, there being no extraordinary circumstances. In the above circumstances, Writ Petition is disposed off declining indulgence, however, with liberty to the petitioner to avail the statutory remedy, if he is so advised. In that connection, all contentions are kept open. Registry to return the impugned order after retaining a photostat copy thereof in the record. It hardly needs to be stated that the period spent in prosecuting this petition is liable to be discounted while computing the period of limitation prescribed for the appeal. Registry to send a copy of this order to the OP Nos.2 & 3 by speed post immediately. Now, no costs. Web copy of the order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge ( S.S. Mishra ) Judge Anisha Designation: Jr. Stenographer