p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7244 of 2026 Manoranjan Nayak and Another …. Petitioners Mrs. N. Pattnaik, Advocate -versus- The Authorised Officer, Asset Reconstruction Company (India) Ltd. (ARCIL), Kolkata and others …. Opposite Parties Ms. N.K. Dash, Advocate (For Opp. Party No.1) Mr. S.R. Khatua, Advocate (For Opp. Party Nos.2 & 3) CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 08.04.2026 02. Borrowers are knocking at the doors of Writ Court essentially for assailing assignment of the loan in question by Opp. Party Nos.2 & 3-Lenders to Opp. Party No.1-ARCIL. 2. Learned counsel for the Petitioners, taking us through the pages of the Petition, tells that her clients’ OTS came to be accepted for a sum of Rs.6,70,000/- as against the borrower sum of Rs.7,00,000/-. She also tells that even in respect of the original loan, totally a sum of Rs.8,64,659/- has already been remitted as per the EMI. She very fairly admits that there is a shortfall of Rs.45,801/- and her clients are ready and willing to remit the same with interest @ of 7%. This is a very fair p. 2 submission especially regard being had to a sum of Rs.2,00,000/- being remitted by RTGS to the Opp. Party Nos.2 & 3, which was not taken account of almost for a period of one year. 3. Learned Advocates for Opp. Parties resist the Petition contending that in a matter of OTS adjustment, ordinarily the Writ Court should not grant indulgence. They also submit that if there is any grievance, Petitioners can work out the same by making an appropriate representation to Opp. Party Nos.2 & 3 keeping Opp. Party No.1 also in the loop. 4. Having heard learned counsel for the Parties and having perused Petition papers, we are of the considered view that justice of the case warrants our limited interference, inasmuch as the Petitioners are demonstrably fair & scrupulous borrowers. A shortfall of Rs.45,801/- should be permitted to be remitted in terms of OTS of course, with the interest of 7% accruing due there on with effect from the date the same was payable until it is paid. In the above circumstances, this Petition is disposed off permitting the Petitioners to make good the shortfall within a period of one month. If the payment is accordingly made, the Opp. Party No.1 being the assigned of Opp. Party Nos.2 & 3, shall accept the same by way of full and final settlement of all dues. However, in respect of any other loan, the legal process shall follow and in that connection, we have not said anything. In the event, the payment is not made within the period p. 3 prescribed above, the Petition shall be treated as having been dismissed and coercive actions fall. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Bijay/Sarbani Designation: Junior Stenographer