SUBHADITYA RANA v. THE ZONAL MANAGER, INDIAN BANK, CUTTACK
WP(C)/11011/2026 · 2026-04-17
K R Mohapatra, Sanjay Kumar Mishra
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 3653 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3653 (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.11011 OF 2026
Subhaditya Rana …. Petitioner Ms. Mitalee Jesthi, Advocate
-versus- The Zonal Manager, Indian Bank, Zonal Office, Cuttack & another …. Opp. Parties
Mr. S.K. Dey, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 17.04.2026
01.
1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for the following reliefs:-
“PRAYER
Under the aforesaid circumstances, the Petitioner therefore, most humbly prays that Your Lordship would be graciously pleased to issue Rule NISI calling upon the Opp. Party No(s). 1 and 2 to show cause, as to why;
(i) The Opp. Party No(s). 1 and 2 shall not be
directed to forthwith provide the Petitioner with all List of Documents ("LOD") pertaining to his loan accounts without further delay or obstruction; (ii) The Opp. Party No(s). 1 and 2 shall not be restrained forthwith from declaring or threatening to declare the Petitioner as a
"Wilful Defaulter" without following the mandatory procedure prescribed by the RBI's Master Circular on Wilful Defaulters, and any declaration, if already made or in the process p. 2 of being made, shall not be directed to be recalled and set aside; (iii) The Opp. Party No(s). 1 and 2 shall not be
directed to forthwith cease and desist from all coercive recovery actions, messages, emails, notices and SARFAESI proceedings against the Petitioner, and grant him a reasonable time of at least 60 (sixty) days to repay the Adhoc OCC amount, in consonance with his own formal written offer dated 02.04.2026, till the disposal of the writ petition; (iv) The Reserve Bank of India, shall not be
directed to cause an inquiry into the acts of mis-selling of insurance and coercive recovery practices, including the unlawful threat of
"Wilful Defaulter" designation, by the Opp. Party-Bank officials, and take appropriate regulatory action thereon; AND (v) Any other such order(s)/direction(s) as deemed fit and proper by this Hon'ble Court be granted in favour of the Petitioner;
If the Opp. Parties fail to show cause or show insufficient cause the said Rule NISI be made absolute by granting the aforesaid reliefs in favour of the Petitioner;”
3. Ms. Jesthi, learned Counsel for the Petitioner submits that unless the writ petition is entertained and an interim
order is passed, the ad hoc limit along with all the loan accounts of the Petitioner shall be declared NPA and the Petitioner would not be in a position to operate any of the loan accounts.
4. Mr. S.K. Dey, learned Counsel appearing for the Indian Bank through Caveat submits that all the loan accounts of the Petitioner have been declared NPA on
16.04.2026.
5. In view of the above, Ms. Jesthi, learned Counsel for the Petitioner submits that the Petitioner shall negotiate with p. 3 the Indian Bank for redressal of his grievances and settle the loan accounts.
6. Accordingly, the writ petition is disposed of with an observation that if the Petitioner takes the initiative, the Zonal Manager, Indian Bank, Cuttack may do well to take steps for settlement of all the loan accounts, if it is permissible in law.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge Prasant
Designation: Secretary Location: High Court of Orissa, Cuttack.