Surendra Patra v. Dm And Collector,Puri

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2291 of 2022 Surendra Patra ....

Petitioner Mr. P.C.Dash, Advocate -versusDistrict Magistrate and Collector,Puri and others ....

Opp. Parties Mr. Partha Sarathi Acharya, Advocate on behalf of Mr. Arupa Nanda Das, Advocate for the Bank

CORAM:

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

ORDER (Oral) 22.06.2022 05.

1.

This matter is taken up through virtual/physical mode. 2.

The Petitioner is a defaulting borrower of loan facilities availed from the Canara Bank, Dhumala Branch, Dhumala in the district of Puri with an outstanding liabilities of around Rs.60.00 lakhs (as on today) for which he is facing the recovery process under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act, 2002').

3.

By filing the present writ petition, challenge has been laid to the order dated 13th December, 2021 passed by the District Magistrate & Collector, Puri on an application under Section 14 of the Act, 2002 filed by the secured creditor/bank, whereby Police assistance has been directed to be provided for taking over of the actual physical possession of the mortgaged property (secured asset).

4.

This Court on previous dates had permitted the Petitioner to deposit a sum of Rs.15.00 lakhs to prove his bona fides for seeking certain stated reliefs from this Court. It is conceded

// 2 // position that no such deposit in compliance of the interim order passed by this Court has been made.

5.

At the time of hearing, counsel for the Petitioner prays for permission to withdraw the writ petition. 6.

Accordingly, this writ petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna June, 22nd, 2022 Cuttack