Shankar Prasad Agrawalla vs Bank Of Baroda on 6 April, 2026

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    Orissa High Court

    Shankar Prasad Agrawalla vs Bank Of Baroda on 6 April, 2026

    Author: Chittaranjan Dash

    Bench: Chittaranjan Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 WP(C) No.9722 of 2026
    
                Shankar Prasad Agrawalla         ....                          Petitioner
                                                                  Represented by Adv.-
                                                                  Mr. A. Kejriwal, Adv.
                                                                   Mr. A. Mishra, Adv.
                                                -versus-
                Bank of Baroda, Chief            ....                        Respondents
                Manager and Authorised                           Represented by Adv.-
                Officer, Regional Office,             Mr. Gurudutta Kar, Adv. for Bank
                Sambalpur & Anr.
    
                CORAM:
                             JUSTICE KRISHNA SHRIPAD DIXIT
                             JUSTICE CHITTARANJAN DASH
                                             ORDER
    

    06.04.2026

    WP(C) No.9722 of 2026
    &
    I.A. No.5870 of 2026
    Order No.

    SPONSORED

    01. The borrower is before the Writ Court for laying a challenge
    to the auction scheduled to be held today. Firstly, the amount is not
    that big, it is only ₹11,92,000/- (Eleven Lakh Ninety-Two
    Thousand) only. Secondly, the borrower is showing bona fide by
    offering to pay ₹1,50,000/-( Rupees One Lakh Fifty Thousand) only
    this day itself and another like sum within ten (10) days reckoned
    from today. He is also expressing willingness to settle the
    outstanding, if reasonable instalments are given. This offer appears
    to be reasonable and the Bank being an instrumentality of State
    under Article 12 in the light of Gujarat State Financial
    Corporation v. Lotus Hotels Pvt. Ltd.
    , AIR 1983 SC 848, cannot
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    direct like a private money lender. The financial difficulties come
    and go in the lives of all.

    In the above circumstances, issue emergent notice. Learned
    Panel Counsel is requested to accept notice for the Opposite Parties.
    Required number of copies of the Writ Petition along with all
    documents be served on him within three working days.
    Application in I.A. No.5870 of 2026 supported by affidavit having
    been favoured, reprieve is granted to the Petitioner as under:

    Stay of the scheduled auction today subject to Petitioner
    paying ₹1,50,000/-(Rupees One Lakh Fifty Thousand) only before
    2:00 P.M. this day and also paying a like sum within ten (10) days
    reckoned from this day, failing which not only the reprieve stands
    rescinded but petition runs the risk of dismissal on that ground itself.

    3. Post after ten (10) days, in the meanwhile, Bank may file its
    Counter.

    Web copy of order to be acted upon by all concerned.

    (Krishna Shripad Dixit)
    Judge

    (Chittaranjan Dash)
    Signature Not Verified Judge
    Digitally Signed
    Signed by: PRASANT KUMAR SAHOO
    Reason: Authentication
    Location: Orissa High Court
    Date: 06-Apr-2026 13:27:37
    Prasant

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