Sarat Kumar Dash v. Ao,Union Bank Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

I.A. No.17576 of 2022 in W.P.(C) No. 4562 of 2022 Sarat Kumar Dash ....

Petitioner Mr. S.K. Padhi, Advocate -versusAuthorized Officer, Union Bank of India-cum-Andhra Bank, Bubaneswar and Another ....

Opp. Parties Proxy Counsel Mr. Sandeep Mishra on behalf of Mr. Tuna Sahu, Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO ORDER (Oral) 11.01.2023 Hybrid Mode 08.

I.A. No.17576 of 2022 Order No.

1. The instant I.A. has been filed by the applicantpetitioner seeking modification of operative portion i.e. para-7 of the final order dated 28.10.2022 on the ground that the petitioner's financial condition is very poor and is thus unable to pay the said instalments.

2. After hearing learned counsel for the applicantpetitioner, we find no ground to modify the said order. For ready reference, para-7 of the said order reads as under:- "In view of the above agreed stand, the present writ petition is disposed of with a direction to the petitioner to pay a sum of Rs.2 lakhs as the first installment by 29.11.2022 and the remaining balance by 29.12.2022, whereupon the loan account shall stand liquidated and petitioner entitled to return of title deeds of the secured asset."

// 2 // The aforesaid directions were passed on agreed terms and in presence of the counsel for the petitioner. Thus, mere inability of the petitioner to comply with the order is not a ground to seek modification of such direction.

3. The I.A. is accordingly dismissed.

(Jaswant Singh) Judge (M.S. Sahoo) Judge 11th January, 2023 Cuttack RRJena/Gs