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2026 DAILYLAW 2124 (ORI)

SARASWATI SAHU v. UNION BANK OF INDIA, UMURI BRANCH, KORAPUT

WP(C)/10145/2026 · 2026-04-06

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10145 of 2026 Smt. Saraswati Sahu & Another …. Petitioners Mr. J. Mohapatra, Advocate -Versus- Union Bank of India, Koraput & Others …. Opp. Parties Mr. T. Sahoo, Advocate CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 06.04.2026 Petitioners-borrower are knocking at the doors of Writ Court invoking Article 226 and 227 of the Constitution of India against an order made under Section 14 of the SARFAESI Act, 2002. Very many contentions have been advanced by the learned counsel representing Petitioners-borrower. 2. Learned Panel Counsel-Mr. Sahoo appearing for the Bank points out that Petitioners have got an alternate and equally efficacious remedy under Section 17 of the SARFAESI Act, 2002 and that even the limitation period is also available to them. He adds that there is no extra-ordinary circumstance for warranting interference of this Court, in the circumstances and therefore, Petitioners be relegated to the statutory remedy. We agree with this view. In the above circumstances, petition is disposed off reserving liberty to the Petitioners to invoke the statutory remedy, as indicated by the Bank side, above. We are told that the impugned order is passed on 07.02.2026 and the petition has been filed on 30.03.2026. Limitation period being 45 days, while computing the same the period spent in prosecuting this petition is liable to be discounted. Ordered accordingly and writ petition disposed off, keeping open all contentions of the parties, cost having been made easy. Web copy of this order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Madhusmita Designation: Jr. Stenographer