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2026 DAILYLAW 6280 (ORI)

KOMAL PRAVA PANDA v. REGIONAL MANAGER, STATE BANK OF INDIA, BHUBANESWAR

WP(C)/7905/2026 · 2026-03-16

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.7905 of 2026 Komal Prava Panda & Anr. …. Petitioners Represented by Adv.- Mrs S. Jena, Sr., Adv. -versus- Regional Manager, State Bank Of India, Bhubaneswar & Ors. …. Opp. Parties Represented by Adv.- CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER 16.03.2026 Petitioner-borrower is knocking at the doors of the Writ Court being aggrieved by notice issued under Sub-Section 4 of Section 13 of the SARFAESI Act, 2002. Section 17(1) of the Act which reads as under is very widely worded and it provides for grievance redressal in a matter like this. “17. [Application against measures to recover secured debts].-(1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter, "[may make an application along with such fee, as may be prescribed] to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken: Order No. 01. p. 2 [Provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower.] [Explanation. For the removal of doubts it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person (including borrower) to make an application to the Debts Recovery Tribunal under sub-section (1) of section 17.].” In the above circumstances, this Petition is disposed off reserving liberty to the Petitioner to avail the statutory remedy as indicated above. In that connection all contentions are kept open. Registry to send a copy of this order to the lending agency by speed post immediately. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Prasant