p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9722 of 2026 Shankar Prasad Agrawalla …. Petitioner Represented by Adv.- Mr. A. Kejriwal, Adv. Mr. A. Mishra, Adv. -versus- Bank of Baroda, Chief Manager and Authorised Officer, Regional Office, Sambalpur & Anr. …. Respondents Represented by Adv.- Mr. Gurudutta Kar, Adv. for Bank CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER 06.04.2026 WP(C) No.9722 of 2026 & I.A. No.5870 of 2026 The borrower is before the Writ Court for laying a challenge to the auction scheduled to be held today. Firstly, the amount is not that big, it is only ₹11,92,000/- (Eleven Lakh Ninety-Two Thousand) only. Secondly, the borrower is showing bona fide by offering to pay ₹1,50,000/-( Rupees One Lakh Fifty Thousand) only this day itself and another like sum within ten (10) days reckoned from today. He is also expressing willingness to settle the outstanding, if reasonable instalments are given. This offer appears to be reasonable and the Bank being an instrumentality of State under Article 12 in the light of Gujarat State Financial Corporation v. Lotus Hotels Pvt. Ltd., AIR 1983 SC 848, cannot Order No. 01. p. 2 direct like a private money lender. The financial difficulties come and go in the lives of all. In the above circumstances, issue emergent notice. Learned Panel Counsel is requested to accept notice for the Opposite Parties. Required number of copies of the Writ Petition along with all documents be served on him within three working days. Application in I.A. No.5870 of 2026 supported by affidavit having been favoured, reprieve is granted to the Petitioner as under: Stay of the scheduled auction today subject to Petitioner paying ₹1,50,000/-(Rupees One Lakh Fifty Thousand) only before 2:00 P.M. this day and also paying a like sum within ten (10) days reckoned from this day, failing which not only the reprieve stands rescinded but petition runs the risk of dismissal on that ground itself. 3. Post after ten (10) days, in the meanwhile, Bank may file its Counter. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Prasant