BANSHIDHAR BEHERA v. AUTHORIZED OFFICER, PUNJAB NATIONAL BANK, CIRCLE SASTRA CENTRE, CUTTACK
WP(C)/15779/2026 · 2026-05-19
Chittaranjan Dash, Dixit K S
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 19783 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19783 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15779 of 2026
Banshidhar Behera & Another …. Petitioners Mr. N.K. Das, Advocate
-Versus-
Authorized Officer, Punjab National Bank, Circle Sastra Centre, Cuttack & Another …. Opp. Parties Mr. A. Mishra, Advocate
CORAM:
JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH
Order No.
01.
ORDER 19.05.2026
Petitioners-borrower suffered an order under Section 14 of the SARFAESI Act, 2002. They preferred SA No.161/2023 which came to be rejected on 07.02.2025. Against the said order they preferred Appeal No.27 of 2025 and the DRAT having set the said order at naught on 19.12.2025, remanded the matter to the DRT for
consideration afresh.
2. When the matter was pending thus after remand, the Bank issued a possession notice dated 17.03.2025 pursuant to Section 14
order. Petitioners filed I.A. No.537 of 2026 restraining the Bank from taking coercive measures qua the security property and to maintain status quo and the DRAT declined the prayer in the application vide
order dated 08.05.2026. The same is called in question before us.
3.
Learned counsel appearing for the OP-Bank vehemently opposes the petition contending that so many things have happened which cannot be now reversed especially when the auction took place long ago and Sale Certificate has also been issued after receiving of the amount from the auction buyer.
4. Having heard learned counsel for the parties and having perused the petition papers, we decline indulgence in the matter solely on the ground that even against the said order an appeal can be filed under Section 18 of the SARFAESI Act, 2002 and whatever relief Petitioners are seeking at our hands can be sought for in the said appeal itself. The other reason for not interfering with the matter is that the auction admittedly happened on 15.02.2022 and the Sale Certificate has been already issued on 23.02.2022. In the above circumstances, this Writ Petition is disposed off reserving liberty to the Petitioners to avail the remedy of appeal against the impugned order. To facilitate availment of such remedy, the Bank is requested not to precipitate the matter for a period of one week. All contentions are kept open.
Web copy of this order to be acted upon by all concerned.
(Krishna S. Dixit)
Judge
(Chittaranjan Dash)
Judge
Madhusmita
Designation: Jr. Stenographer