Shamsher Ahmed v. Cm Cum Ao, Union Bank Of India, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.1622 of 2022 Shamsher Ahmed ....

Petitioner Mr. Ranjan Kumar Rout, Advocate -versusChief Manager-cumAuthorized Officer, Union Bank of India, Regional Office, Cuttack and another ....

Opp. Parties Mr. Bhaskar Chandra Panda, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 10.05.2022 05.

1. This matter is taken up through virtual/physical Order No.

mode.

2. The petitioner, defaulting borrower has filed the instant writ petition challenging the E-auction notice dated 15.12.2021(Annexure-6) fixing the auction sale of mortgaged property on 20.01.2022 for recovery of the outstanding liability of Rs.34,17,846/-.

3. Upon limited argument of the petitioner regarding upgrading of the two loan accounts, notice was issued to the Opposite Party/Bank. The Bank has filed a counter affidavit dated 25.02.2022, wherein it is stated that the petitioner has suppressed the fact that there are four loans of the petitioner having declared NPA instead of the stated two. It is further

// 2 // stated that the petitioner has not deposited the entire amounts due in the four loan accounts for their upgradation. He also states that the auction fixed for 20.01.2022 had failed for want of any bidders.

4. At this stage, learned counsel for the petitioner prays for permission to withdraw the present writ petition to pursue his remedy in the already filed Securitization Application No.65 of 2022 pending before the DRT, Cuttack to which learned counsel for the Bank has no objection.

5. In view of the above, the writ petition is dismissed as withdrawn with aforesaid liberty.

(Jaswant Singh) Judge (M. S. Raman) Judge Basudev May 10th, 2022 Cuttack