Orissa High CourtWP(C)/2044/2022withdrawn

Ranjita Sahoo v. Branch Manager,Sbi,Cuttack

2022-01-25Mr. Justice Jaswant Singh,Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 2044 of 2022 Smt. Ranjita Sahoo ....

Petitioner Mr.Asok Mohanty, Sr. Advocate with Mr. Samvit Mohanty, Advocate -versusBranch Manager, SBI, Cuttack and others ....

Opp. Parties Mr. Subrat Mishra, Advocate

CORAM:

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

ORDER (Oral) 25.01.2022 01.

1. This matter is taken up through virtual mode.

2. Petitioner is the Director of the loanee company and also the guarantor of the two loans (CC and term loans) availed by the company in the year 2009 from the O.P.-bank.

3. By filing the present writ petition, challenge has been laid to the auction sale notice dated 6.1.2022 (Annexure-6) whereby the mortgaged properties (offered as collateral security) are to be put for auction sale on 28.1.2022 for a purported recovery of an amount of Rs.7,80,38,011.59 due as on 31st December, 2021 with further interest and incidental charges.

4. At the outset, Mr. Subrat Mishra, learned counsel appearing for the O.P.-Bank on advance notice, states that the impugned auction sale notice has since been withdrawn in the light of a non-discriminatory and non-discretionary OTS policy of 13th January, 2022 floated by the SBI for the defaulters. The petitioner being eligible for consideration under the said policy, has been issued a letter dated 17.1.2022 informing him for an amicable settlement.

5. Mr. Mohanty, learned Senior Advocate for the petitioner, in the light of the aforesaid development, prays for permission to withdraw the writ petition to enable his client to invoke the case for amicable settlement under the aforesaid policy.

6. The writ petition is dismissed as withdrawn with the aforesaid liberty.

7. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo No.514 and 515 dated 7th January, 2022.

(Jaswant Singh) Judge (M.S.Sahoo) Judge January 25th, 2022 Cuttack dutta