Jogesh Chandra Jena v. Bank Of Baroda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18847 of 2015 Jogesh Chanda Jena ....

.... Petitioner Mr. S. Senapati, Advocate -versusBank of Baroda and Others .... Opp. Parties None

CORAM:

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

ORDER (Oral) 24.06.2022 20.

1.

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

2.

Petitioner is a guarantor of a Cash Credit facility availed in March, 2010 by M/s. Ama Baba Trading, the sole proprietorship concerned of Janardan Panigrahi from Bank of Baroda, Balasore Branch, Balasore for an amount of Rs.9,00,000/-.

3.

By filing the present Writ Petition, the challenge has been laid to the notice dated 15th February, 2014 issued under Section 13(4) of the SARFAESI Act, 2002 assuming symbolic possession of the property owned by the petitioner offered as a collateral security for the loan. The record bears out that since the filing of the petition there is no interim order granting any protection apart from no legal basis

// 2 // layed down in the petition to maintain the challenge to the said notice.

4.

At the time of hearing, learned counsel for the petitioner states that he has no instructions. 5.

In view of efflux of time, we are of the view that the present Writ Petition has become infructuous and the same is accordingly dismissed as infructuous. (Jaswant Singh) Judge (M. S. Raman) Judge AKK June 24th, 2022 Cuttack