M/S. Gamma Plastics, Khurda v. Pnb, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14273 of 2022 M/s. Gamma Plastics, Khurda& another ....

Petitioners Mr.P.K. Satapathy, Advocate -versus- ....

Opp. Parties Punjab National Bank, Bhubaneswar & others Mr.G.D. Kar, Advocate

CORAM:

JUSTICE S.K. SAHOO AND JUSTICE MURAHARI SRI RAMAN Order No.

ORDER

07.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the parties.

This Writ Petition has been filed with the following prayer: "The petitioners, therefore, most respectfully pray that the Hon'ble Court may be graciously be pleased to admit the Writ Petition, call for records, after hearing the parties issue writ/writs in the nature of certiorari/mandamus or any other writ/directions and direct the Debt Recovery Tribunal, Cuttack to dispose of the interim application filed by the petitioners under Annexure-2 and 3 within a stipulated period and further direct to the Opp. Party Bank authorities not to evict the petitioners from the mortgaged properties till disposal of the interim application pending before the D.R.T., Cuttack in S.A. No.19/2022.

// 2 // And for which act of kindness the petitioners as in duty bound shall ever pray."

Learned counsel for the petitioners submitted that the petitioners have filed an interim application bearing I.A. No.131 of 2022 arising out of S.A. No.19 of 2022 before the Debts Recovery Tribunal, Cuttack and direction may be given to the learned Tribunal to dispose of the same at the earliest. Mr. G.D. Kar, learned counsel appearing for the opposite party-Bank has no objection to such prayer. Considering the submissions made and in view of the limited nature of relief sought for, without expressing any opinion on the merits of the case, this Court directs Debts Recovery Tribunal, Cuttack to dispose of the interim application in I.A. No.131 of 2022 arising out of S.A. No.19 of 2022 in accordance with law within a period of four weeks from the date of receipt of this order after hearing the learned counsel for both the parties.

With the aforesaid direction, the Writ Petition stands disposed of.

Issue urgent certified copy as per Rules.

(S.K. Sahoo) Vacation Judge (M.S. Raman) Vacation Judge PKSahoo

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