Orissa HC Permits Sahu Trust DRT Relief

Authority: High Court of Orissa at Cuttack

Order Date: 21 July 2026

Petitioner: Sahu Trust, represented by Managing Trustee Rajarshi Gyanadarshi and counsel Mr. Prafulla Kumar Rath (Senior Advocate) and Mr. P.K. Satapathy.
Opposite Parties: Orissa Rural Housing & Development Corporation Ltd. and another, represented by Mr. A. Parida.
The petition sought to arrest an auction sale proceeding based on a sale notice dated 19 June 2026, invoking Article 226 of the Constitution after approaching the Debt Recovery Tribunal (DRT), Cuttack under Section 17 of the SARFAESI Act, 2002.
The petitioner argued that the DRT Presiding Officer was on leave, leaving no effective remedy, thus necessitating the writ petition.
The Court observed that the presiding officer would resume duties the following day, making the DRT functional.

Recognised the basic structure doctrine granting the High Court power under Article 226 to grant interim relief when no other forum is available.
Determined that the emergent nature of the grievance warranted interim relief but that the appropriate forum (DRT) would soon be operational.

The petitioner is permitted to mention the matter before the DRT on the next day for the interlocutory application under SARFAESI Act Section 17.
The Court expects the DRT Presiding Officer to take up the application on the same date and pass an order as warranted by law.

The writ petition is disposed of, with the matter to be adjudicated by the DRT as directed.

Topics: Legal Relief, SARFAESI Act