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2026 DAILYLAW 3371 (ORI)

UMAKANTA ROUT v. AUTHORIZED OFFICER, HDFC BANK LTD, KHORDHA

WP(C)/10332/2026 · 2026-04-08

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.10332 of 2026 Umakanta Rout …. Petitioner Ms. Agnisikha Ray, Advocate -versus- Authorized Officer, HDFC Bank Ltd., Khordha …. Opp. Party CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 08.04.2026 WP(C) No.10332/2026 & I.A. No.6508/2026 02. On 06.04.2026, while disposing of application in I.A. No. 6271 of 2026, we had stated as under: “….Having heard learned counsel for the parties and upon perusal of the petitioner along with I.A. No.6271 of 2026 supported by affidavit, we are of the consdiered view that the scheduled auction deserves to be deferred till the next date of hearing, subject to Petitioner depositing a sum of ₹13.5 (Rupees Thirteen lakhs and Fifty Thousand only) with the Opposite Party-Bank before 3.00 PM today. Failing such deposit, not only shall this interim protection stand vacated automatically, but the writ petition shall also run the risk of dismissal on that ground itself.” 2. Now, the Petitioner has come forward with an application in I.A. No.6508 of 2026 supported by the affidavit seeking recall of the said order. 3. Learned counsel-Ms. Ray for the Petitioner submits that her client is not in a position to make remittance in terms of the order dated 06.04.2026 and, therefore, if the auction that has been held in respect of the secured property, is made subject to the outcome of the petition, justice will be meted out. 4. However, when asked as to whether her client would show the bona fide by making some remittance towards the outstanding dues, even for that, the counsel pleads inability. 5. In the above circumstances, the application is rejected and as a consequence, Petition is also dismissed. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Senior Stenographer