Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20011 of 2025
Priyadarshan Dhir …. Petitioner
Mr. Prafulla Kumar Rath, Senior Advocate being assisted by Mr. Saibrata Rath, Advocate -versus- ICICI Bank, Bhubaneswar & another …. Opp. Parties
Mr. Ramachandra Panigrahy, Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA
Order No.
ORDER 21.07.2025
1.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Mr. Prafulla Kumar Rath, learned Senior Advocate has entered appearance on behalf of the petitioner by filing Appearance Memo in the Court today. The Appearance Memo is taken on record. Mr. Ramachandra Panigrahy, learned counsel appearing on behalf of the ICICI Bank Ltd. has filed Vakalatnama in the Court today. The Vakalatnama is p. 2 taken on record.
Heard Mr. Prafulla Kumar Rath, learned Senior Advocate appearing on behalf of the petitioner and Mr. Ramachandra Panigrahy, learned counsel for the opposite parties.
Learned counsel for the ICICI Bank submits that the petitioner’s wife Samanta Monalisa Dhir has challenged issuance of the notice under section 13(4) of the SARFAESI Act before this Court in W.P.(C) No.372 of 2022 against this particular loan account, which is the subject matter of this writ petition. The said writ petition was disposed of as per the order dated 05.05.2022 by the Division Bench of this Court. He has filed copy of the said order dated 05.05.2022, which is taken on record. He further submits that the petitioner has not disclosed in the cause title about the earlier petition filed by her husband before this Court. Hence the present petition being not bonafide one liable to be dismissed with cost. Since a favourable order has already been passed in the earlier writ petition and the petitioner has not complied the same, rather repeated the similar prayer by challenging the issuance of a fresh possession notice dated 09.07.2025 under section 13(4) of the SARFAESI Act, we are not inclined to entertain this petition. Moreover, the petitioner has p. 3 alternative remedy to explore the same prayer before the learned Debt Recover Tribunal. Its open for the petitioner to opt for the alternate remedy. The writ petition stands dismissed.
Subhasis
( S.K. Sahoo) Judge
( S.S. Mishra) Judge
Designation: Personal Assistant Location: High Court of Orissa, Cuttack.