Minaketan Meher v. Bm,Sbi,Bijepur Bran

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5968 of 2013 ....

Minaketan Meher Petitioner Mr. Prahallada Sahu, Advocate -versusBranch Manager, SBI, Bijepur Branch ....

Opp. Party Mr. P. V. Balakrishna, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.

ORDER (ORAL) 09.05.2022 05.

1. This matter is taken up by virtual/physical mode.

2. Petitioner concededly is a defaulter of a loan availed from the State Bank of India, Bijepur Branch, District-Bargarh for purchasing of a tractor and trolley availed a loan for a sum of ₹4,24,706.00 in the year 2010. Since there was irregularity in payment of installments, a letter dated 19.12.2012 (Annexure-2) was issued calling upon the Petitioner to repay the overdue amount of ₹1,28,763.00 along with interest failing which the hypothecated vehicle shall be liable to be seized. It is this letter dated 19.12.2012, which has been challenged in the present writ petition.

3. This Court vide interim order dated 26.03.2013 directed the Petitioner to deposit a sum of ₹60,000.00 in two equated installments, and pursuant to same no coercive action was to be taken.

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4. At the time of hearing, learned counsel for the petitioner states that he has no instructions regarding the loan status, whereas learned counsel for the Bank submits that the aforesaid interim directions passed by this Court were not complied with by the Petitioner. That apart he submits that no writ was maintainable against the simplicitor letter seeking to recall of the outstanding liability.

5. In view of the above, we find no ground to invoke our writ jurisdiction. Hence, the writ petition is dismissed. (Jaswant Singh) Judge (M.S. Raman) Judge May 9th, 2022 Cuttack AKK