Authority: High Court of Odisha, Cuttack
Order Date: 27 October 2026
Case Overview
- Petitioner: M/s. Shree Bharat Motors Limited, Bhubaneswar, represented by Managing Director Sri Harsh Vardhan Didwania, with senior counsel Mr. Y. Das and counsel Mr. G. B. Dash.
- Opposite Parties: Union of India (represented by Secretary, Ministry of Finance) and the Bank (represented by Mr. R. C. Panigrahi).
- Proceedings: Petition W.P.(C) No.32509 of 2026, CNR No. ODHC010774352026, filed challenging the order dated 26 August 2026 passed by the Chief Judicial Magistrate (CJM), Keonjhar, under Section 14 of the SARFAESI Act.
- Background: The petitioner had earlier filed an application under Section 17 of the SARFAESI Act (SA No.75 of 2025) before the Debts Recovery Tribunal (DRT), Cuttack, seeking relief against the secured creditor. The bank argued that the petitioner could challenge the CJM order only before the DRT, where the Section 17 application is pending.
Final Outcome
- The Court disposed of the writ petition, granting the petitioner liberty to approach the DRT, Cuttack, for appropriate relief in the pending SA No.75 of 2025 proceeding.
- The effect of the impugned CJM order dated 26 August 2026 (referenced in Annexure‑1 & Annexure‑2) is held in abeyance for a period of 30 days from the date of this order.
- The writ petition is thereby disposed of.
- An urgent certified copy of this order shall be issued on proper application.
Topics: Legal Dispute, SARFAESI Act