Gouri Sankar Sahu v. Ao,Sbi,Talasingi Br

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.16737 of 2014 Gouri Sankar Sahu & Another ....

Petitioners Mr. S.K. Behera, Proxy Counsel on behalf of Mr. P.K. Mishra, Advocate -versusAuthorised Officer, State Bank of India, Talsingi Branch, Talasingi, DistrictGanjam & Another ....

Opp. Parties Mr. M.K. Mohapatra, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 18.11.2022 (Hybrid Mode) 07.

1.

Petitioner No.1 is a defaulting borrower of a Order No.

Cash Credit facility availed for a sum of Rs.2,62,000/- way back in the year 2011 from State Bank of India, Talsingi Branch, Talasingi, DistrictGanjam, whereas petitioner No.2 is the guarantor having offered his immovable property as a collateral security. The petitioners are facing recovery process under the SARFAESI Act, 2002 and by filing the present writ petition have laid challenge to the notice dated 22.07.2014, whereby symbolic possession of the mortgaged property was assumed for recovery of an outstanding liability of Rs.4,53,988/- due as on

// 2 // 31.03.2014, i.e., the date of issuance of the demand notice.

2.

At the time of hearing, learned counsel for the Bank submits that the present writ petition has become infructuous in view of the loan account having been closed on 10.05.2017 upon deposit of the required amounts.

3.

In view of the above, the writ petition is dismissed as infructuous.

(Jaswant Singh) Judge (M.S. Sahoo) Judge AKK 18th November, 2022 Cuttack