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2025 DAILYLAW 9986 (ORI)

SACHIDANANDA TRIPATHY v. STATE BANK OF INDIA

WP(C)/1321/2025 · 2025-01-22

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1321 of 2025 Sri Sachidananda Tripathy & Another …. Petitioners Mr.Tuna Sahu, Adv. -versus- State Bank of India, SARB, Bhubaneswar Represented through it's Chief Manager, Plot No. 778, 1st floor, Saheed Nagar & Others …. Opposite Parties CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 22.01.2025 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners have filed this Writ Petition with the following prayer:- “The petitioners therefore pray that your Lordships would be graciously pleased to admit this Writ Petition, call for the records, after hearing the parties, issue writ/writs in the nature of certiorari/mandamus or any other writ/directions to the Learned D.R.T., Cuttack for early disposal of the I.A. Diary No. 1923/2024 within a stipulated time period for the best interest of justice and equity.” 3. Learned counsel for the Petitioners submitted that he has filed I.A. Diary No-1923 of 2024 arising out of S.A. 96 of 2024, wherein a prayer has been made for appointment of a Receiver for examination of the Unit and the hypothecated machinery at the cost of the Petitioners, as well as prayer for direction to the Opposite Parties to open the unit and allow the petitioners to run the Unit. Since said S.A. is pending before the learned Debts Recovery Tribunal, Cuttack which is pending since September, 2024, because of the pendency, the Petitioner is prejudiced in law. 4. Taking into account all these aforesaid, we dispose of this Writ Petition directing the learned DRT to proceed with the I.A. Diary No-1923 of 2024 arising out of S.A. 96 of 2024 with expediency for their disposal in accordance with law at the earliest preferably within a period of one month. 5. Accordingly, the Writ Petition stands disposed of. (Dr. S.K. Panigrahi) Judge Gitanjali Designation: AR-CUM-SR. SECRETARY