Authority: High Court of Odisha at Cuttack
Order Date: 12 June 2026
Case Overview
- Petitioner: Debabrata Das (advocated by Mr. K. Gaya) filed writ petition challenging Annexure‑4 notice dated 28‑05‑2026 issued by Bank of India for peaceful vacant possession under Sections 13(2) & 13(4) of the SARFAESI Act, 2002, concerning a cash‑credit loan taken by his brother and a home loan taken by the petitioner.
- Opposite Parties: 1. Zonal Manager, Regional Office, Bank of India, BBSR, Khordha; 2. Chief Manager‑Cum‑Authorised Officer, Ranihat Branch, Bank of India, Cuttack (advocated by Mr. G. Kar).
- Petitioner claimed his brother’s cancer diagnosis caused financial distress, rendering the accounts NPA, and sought re‑phrasing of the loans to settle the bank’s dues.
- Bank contended the account had been classified as NPA since 2021, well before the brother’s illness, and therefore the possession notice remained valid.
Final Outcome
- The Court directed the petitioner to deposit Rs 5,00,000 by 04‑07‑2026 towards the overdue amount of Rs 9,00,000, after which the Bank shall consider the petitioner’s application for re‑phrasing.
- For a period of four weeks from the Bank’s decision, no coercive action under the possession notice shall be taken against the petitioner.
- If the Rs 5 lakh is not deposited by the stipulated date, the Bank is free to proceed with enforcement actions as per the SARFAESI Act.
- The writ petition and all pending interim applications are hereby disposed of.
Topics: SARFAESI Act, Banking Litigation