IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 31740 of 2025 Nisakar Rout ..…... Petitioner(s) Mr. Sauvagya Ranjan Jena , Adv. -Versus- DCB Bank, Chandrasekharpur, Branch, BBSR ……. Opposite Parties (s) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 21.11.2025 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In this Writ Petition, the Petitioner has challenged the notice dated 10.10.2025/Annexure-7 issued by the Opposite Party/Bank. 4. Learned counsel for the Petitioner submits that the Petitioner being a farmer had availed Kisan credit card loan from the Opposite Party/Bank by mortgaging his agricultural land. The Petitioner was paying EMI regularly. But, due to natural calamity, the Petitioner suffered huge loss in his farming profession and he failed to pay a few EMI. Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 25-Nov-2025 18:56:37 Signature Not Verified 2 5. Learned counsel for the Petitioner further contends that the Opposite Party/Bank has issued Vacation Notice on 10.10.2025 for proceeding under the SARFAESI Act, 2002. Hence, the Petitioner is constrained to approach this Court. 6. In such view of the matter, since the matter pertaining to SARFAESI Act and possession notice has already been issued by the Bank to the borrower, this is beyond the jurisdiction of this Court to decide the matter. Accordingly, the Petitioner is at liberty to approach the appropriate forum for redressal of his grievance. 7. In the alternative, the Petitioner may approach the Opposite Party/Bank with a decent proposal which will be accepted by the Bank. In such event, the Bank shall consider the proposal, if any, and dispose of the same sympathetically and try to settle the loan account of the Petitioner in accordance with law within a period of one month from the date of presentation of the proposal. If the Petitioner fails to do so within the time stipulated hereinabove, the Bank is free to take action against the Petitioner as per law. 8. Accordingly, the Writ Petition is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu