Authority: High Court of Odisha, Cuttack

Order Date: 07 July 2026

Case Overview

  • Petitioners: Santosh Kumar Mohanty and another; Respondents: The Authorised Officer, Union Bank of India, Cuttack & others.
  • Petition sought quashing of a Symbolic Possession Notice dated 17‑03‑2026 issued under Section 13(4) of the SARFAESI Act, 2002 and direction to settle the loan under the OTS scheme.
  • The court noted the right to speedy justice under Article 21 and directed the Debt Recovery Tribunal (DRT), Cuttack, to take up the related interim application filed in S.A. No.86 of 2025 on a “war footing”.
  • Notice to the opposite side was dispensed, with the court stating the opposite side would have full opportunity to participate when the application is considered.

Final Outcome

  • The writ petition is disposed of with the observations recorded above.
  • The interim application (I.A. 12353 of 2026) is to be considered by the DRT, Cuttack within an outer limit of four weeks.
  • No protection is granted by the court; the registry is instructed to send a copy of the order to the Respondent‑Bank.
  • All contentions remain open for further consideration.

Topics: SARFAESI Act, Debt Recovery Tribunal, OTS Scheme