Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 16446 (ORI)

M/S.BIRMALA RICE MILL, GANJAM v. BRANCH MANAGER, STATE BANK OF INDIA, GANJAM

WP(C)/13730/2026 · 2026-05-18

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13730 of 2026 M/s. Birmala Rice Mill, Ganjam …. Petitioner Mr. S.R. Mohanty, Advocate -Versus- Branch Manager, State Bank of India, Ganjam & Others …. Opp. Parties Mr. H. Patnaik, Advocate CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 18.05.2026 Learned counsel-Mr. Himanshu Patnaik & associates enter appearance for the OP- Bank by filing vakalatnama in Court, The same is taken on record. Petitioner-borrower was before this Court in W.P.(C) No.4356 of 2026, which was disposed off on concession basis vide order dated 10.03.2026 by us. The operative portion of the order, which learned Panel Counsel appearing for the Bank loudly reads out, reads as under: “In the above circumstance, this petition is disposed off granting a period of one month to the Petitioner-firm to remit all outstanding loan amount along with interest accrue due thereon within an outer limit of one month, failing which it is open to the lender bank to take physical possession of the security property by removing the occupants from the same in accordance with law. For this purpose, the Petitioner-firm is directed to deliver peaceable possession of the property to the Bank without raising even a little finger, should it fail to remit the outstanding money to the Bank within the prescribed period. Ordered, accordingly. Costs made easy.” 2. Learned counsel appearing for the Petitioner-borrower submits and learned Panel Counsel appearing for the Bank disputes that the Bank had not furnished the statement of accounts and therefore, borrower could not draw milk under the order aforementioned. Learned counsel for the Petitioner twice repeated before us that should the bank furnish the statement of account, entire amount would be repaid and therefore, Bank should be directed to do it. 3. Though learned Panel Counsel appearing for the Bank resisted the petition on usual grounds, we are of the considered view that justice can be meted out to both the sides, if a period of two weeks is granted to the Petitioner to make entire repayment, as has been stated in our earlier order mentioned above, failing which the Petitioner can be removed by the Bank by using physical force with the aid of jurisdictional Police from the subject property. In that event, the jurisdictional Police on the production of a copy of this order immediately swift to the action in aid of the Bank. Web copy of this order to be acted upon by all concerned. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge Madhusmita Designation: Jr. Stenographer