Authority: High Court of Odisha, Cuttack
Order Date: 13 August 2026
Case Overview
- Petition filed by Sushama Kumari Jena against Recovery Officer, Cholamandalam Investment and Finance Co. Ltd. and others, seeking set‑aside of CJM Khurda order dated 16‑08‑2024 and declaration that Plot No.A/31 was never mortgaged under SARFAESI Act 2002.
- Opposite Party No.1 (the Bank) filed a memo indicating no objection to granting the petitioner’s relief.
- The disputed CJM order (Misc. Case No.243 of 2023) had directed possession of the plot, which the petitioner contended was non‑mortgaged.
Observations & Directions
- Court accepted the concession of Opposite Party No.1 and allowed the petitioner’s prayer against that party.
- Declared that the CJM order does not affect Plot No.A/31 (Revenue Plot No.2535, Drawing No.C/3654, area 0.101 acres / 4,400 sq ft., Khata No.1593/1004, mouza‑Bhubaneswar Sahar, Laxmisagar‑1, Unit‑30) and that it is not liable for possession under Section 14 of the SARFAESI Act.
- Directed the Bank to demarcate Plot No.A/31 within two weeks from the order date, in the presence of the petitioner and local police.
- Directed DCP, Bhubaneswar to provide necessary police assistance during demarcation.
- Since relief was granted only against Opposite Party No.1, the writ petition does not survive against the remaining opposite parties and is disposed.
- Ordered that an urgent certified copy of the judgment be issued on proper application.
Final Outcome
- The impugned CJM order is set aside with respect to Plot No.A/31; the plot is confirmed as non‑mortgaged, and the Bank must demarcate it within two weeks under police supervision. The writ petition is dismissed against other opposite parties.
Topics: Property Rights, SARFAESI Act, Court Order