Authority: High Court of Odisha at Cuttack
Order Date: 08.10.2026
Case Overview
- Petitioners: Bibhuti Bhusan Mohanty and another, represented by Advocate G. Mishra.
- Opposite Party: Bank of India, Retail Business Centre, represented by Advocate M.K. Mishra.
- Writ Petition No.: W.P.(C) No. 32965 of 2026, CNR No. ODHC010790062026.
- Underlying matter: Second Appeal (S.A.) No. 134 of 2025 pending before the Debt Recovery Tribunal (DRT), Cuttack Bench.
- Petitioners alleged that, during pendency of S.A. No. 134/2025 and related interim applications, the Bank proceeded to auction secured assets (referenced in Annexure‑10) without the DRT entertaining their interim relief applications.
- The DRT had not taken up the petitioners' application for interim relief or disposed of the appeal.
Order Details
1. The writ petition is disposed of at the stage of admission.
2. The Court directs the learned DRT, Cuttack Bench, to dispose of S.A. No. 134 of 2025 within three months from the date of receipt of the certified copy of this order together with a copy of the writ petition.
3. Until the DRT disposes of the Second Appeal, the auction of the secured assets scheduled for 9 October 2026 shall not be finalized.
Final Outcome
- The auction scheduled for 9 October 2026 is stayed pending the DRT’s disposal of the appeal.
- The DRT is mandated to render a decision on S.A. No. 134/2025 within a three‑month timeframe from receipt of the certified order.
Topics: Banking, Debt Recovery, Court Order