W.P.(C) No.18503 of 2015

Per: D.H. WAGHELA, CJ.

02. 13.10.2015 1. The petitioner has sought to challenge, by invoking Articles 2

26 and 227 of the Constitution, the order dated 01.10.2015 of the Debts Recovery Tribunal, Cut

tack in S.A. No.44 of 2015.

2. The petitioner is stated to have approached the Debts Recovery Tribunal on acc

ount of the notice dated 08.11.2013 issued under the provisions of Section 13(2) of the Securi

tization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

(SARFAESI Act, 2002), on account of the outstanding dues against the petitioner having reache

d Rs.4,04,59,020.88 as on 27.07.2013 as against the sanctioned credit limit of total Rs.3,50,0

0,000/- (Rupees Three Crores and Fifty Lakhs). The petitioner is stated to have raised several

issues in their application before the Debts Recovery Tribunal and had prayed for an interim

order in M.A. No.397 of 2015 so as to maintain status quo as regards possession of the propert

ies mortgaged with the Bank.

3. It is clear from the bare reading of the impugned order that it is an