Shree Bharat Motors Order Stayed 30 Days

Authority: High Court of Odisha, Cuttack

Order Date: 27 October 2026

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).
Nature of Proceeding: Writ petition (W.P.(C) No.32501 of 2026) challenging an order dated 4 August 2026 passed by the Chief Judicial Magistrate (CJM), Jajpur, under Section 14 of the SARFAESI Act.
Background: The petitioner had filed an application under Section 17 of the SARFAESI Act (SA No.75 of 2025) before the Debt Recovery Tribunal (DRT), Cuttack. During the pendency of this application, the secured creditor (the Bank) approached the CJM for an order under Section 14 in its favour.
Contentions: The petitioner argued that the CJM order should be reviewed. The Bank contended that the petitioner could raise the challenge before the DRT within the pending Section 17 proceeding.

The Court, after hearing all parties, noted that SA No.75 of 2025 is pending before the DRT, Cuttack Bench.
The writ petition is disposed of, granting the petitioner liberty to approach the DRT in the pending proceeding for appropriate relief.
The effect of the impugned CJM order dated 4 August 2026 (Annexure‑1) is kept in abeyance for a period of 30 days from the date of this order (27 October 2026).
An urgent certified copy of this order is to be issued on proper application.

Topics: Court Order, SARFAESI Act, Debt Recovery Tribunal