Prasanta Ku.Sahoo v. Uco Bank

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.23349 of 2013 Prasanta Kumar Sahoo .... Petitioner None -versusUCO Bank, Cuttack Zonal Office and Another .... Opp. Parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 11.07.2022 Order No.

07.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

The petitioner is a defaulting borrower in a Cash Credit loan account availed for a sum of Rs.8 Lakhs from UCO Bank, Dampara Branch, P.S. Banki, District-Cuttack, in the year 2007. Due to the account having been declared NPA, SARFAESI proceedings for recovery were initiated by issuance of a Demand Notice dated 29th August, 2013 under Section 13(2) of the SARFAESI Act, 2002.

3.

By filing the present Writ Petition, the prayer is for setting aside the aforesaid Demand Notice dated 29th August, 2013 or a direction to rephase the loan account.

// 2 // 4.

On perusal of the record reveals that the original counsel filing the petition had since withdrawn from the proceedings, thereafter the petitioner has taken no steps for any representation. Although notice was issued on 05.08.2015, however no interim protection was granted.

5.

It appears that keeping in view the nature of the lis and no interest shown by the petitioner to pursue the present Writ Petition, it can safely be construed that by efflux of time, the present writ petition has become infructuous.

6.

In view of the above, the Writ Petition is dismissed as infructuous.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 11th July, 2022 Cuttack