Tapan Ku.Behera v. Bm,Hdfc Bank Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22981 of 2014 Tapan Kumar Behera ....

Petitioner Mr. Santosh Kumar Dash, Advocate -versusBranch Manager, HDFC Bank Limited, Jharpada Branch, Bhubaneswar, District-Khurda ....

Opposite Party Mr. Sk. Aziz, Proxy Counsel, on behalf of Mr. N.K. Dash, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE G. SATAPATHY ORDER (Oral) 25.11.2022 (Hybrid Mode) 10.

1.

The petitioner is stated to have raised an Order No.

agricultural loan for a sum of Rs.71,300/- in the year from HDFC Bank, Jharpada Branch, Bhubaneswar. To secure the loan, the petitioner had hypothecated/pledged his gold ornaments. Due to nonservicing of the account, recovery process was initiated in terms of the contractual obligations leading to the sale of the pledged ornaments.

2.

The present writ petition has been filed with the prayer for a direction to the Bank to return the pledged gold ornaments on payment of the actual loan amounts. The said prayer is based on allegations that in spite of the time of two months prayed for clearing

// 2 // the loan liabilities, the Bank has proceeded to auction the pledged ornaments.

3.

Since the filing of the writ petition in the year 2014, there was no interim order.

4.

At the time of hearing, it is conceded that after the sale of the gold ornaments, the loan account was settled and closed and the excess amount refunded to the petitioner.

5.

Faced with the aforesaid situation, and efflux of time, we find no ground to invoke our writ jurisdiction and the writ petition is accordingly dismissed. (Jaswant Singh) Judge (G. Satapathy) Judge AKK 25th November, 2022 Cuttack