Authority: High Court of Odisha at Cuttack

Order Date: 29.09.2026

Case Overview

  • Petitioner: Epari Arvind Kumar, represented by counsel Mr. R.K. Rout.
  • Opposite Party: LIC Housing Finance Ltd., represented by its Managing Director and others, counsel Mr. U. Mishra.
  • Nature of Proceeding: Writ Petition (W.P.(C) No.31389 of 2026) challenging SARFAESI Act proceedings initiated by the secured creditor.
  • Related Proceedings: The petitioner had earlier filed an application before the Debt Recovery Tribunal (DRT), Kataka Bench, in SA No.25 of 2024 along with I.A. No.733 of 2026.
  • Petitioner's Claim: The DRT had not taken any step on the application, while the secured creditor was moving to take possession of the secured property.

Court Findings & Directions

1. The Court noted that the petitioner's application before the DRT is pending.

2. The writ petition is disposed of at the stage of admission.

3. The Court directs the DRT, Kataka Bench, to dispose of I.A. No.733 of 2026 (filed in SA No.25 of 2024) within two months from the date of receipt of a certified copy of this order, in accordance with law.

4. Until the DRT renders its decision, no coercive action shall be taken against the petitioner concerning the secured asset.

5. An urgent certified copy of this order shall be issued on proper application.

Final Outcome

  • The High Court stays any coercive action on the secured asset pending the DRT’s decision and mandates the DRT to decide the pending application within a two‑month timeframe.

Topics: Court Order, Debt Recovery