M/S.Maa Hingula Enterprises v. Agm,Sbi

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10491 of 2015 M/s. Maa Hingula Enterprises .... Petitioner None -versusAsst. General Manager, State Bank of India, Talcher Fertiliser Township, Vikrampur, District-Angul .... Opp. Party None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 01.08.2022 Order No.

03.

1.

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

2.

The Petitioner is stated to have availed a Cash Credit loan facility from the State Bank of India, Talcher Branch, Vikrampur, District-Angul. Due to non-servicing of the loan account, it was classified as NPA and a Demand Notice under Section 13(2) of the SARFAESI Act, 2002 (for short, "the Act, 2002") was issued on 11th September, recalling an outstanding liability of Rs.71,21,134/- due as on 31st August, 2014.

3. The challenge in the present Writ Petition is to the notice dated 22nd December, 2014, whereby symbolic possession of the mortgaged immovable property offered as collateral security, has been assumed under Section 13(4) of the Act, 2002.

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4. The record bears out that till date, the defects pointed out by the Registry have not yet been removed thereby the case has never been listed for argument.

5. None has put in appearance on behalf of the petitioner. It appears that with the efflux of time, the Petitioner has lost interest in pursuing the matter.

6. In view of the above, the Writ Petition is dismissed as infructuous.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 1st August, 2022 Cuttack