Dibakar Mohapatra v. Regional Manager ,Odisha Gramya Bank

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5005 of 2022 Dibakar Mohapatra ....

Petitioner Mr. Manas Pati, Advocate -versusRegional Manager, Odisha Gramya Bank, Regional Office, Dhenkanal and another Opp. Parties Mr. Santosh Kumar Nanda, Advocate with Mrs. Anita Nanda, Advocate for the Bank

CORAM:

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

ORDER (Oral) 08.04.2022 05.

1. This matter is taken up through virtual/physical ....

mode.

2. The petitioner is a defaulting borrower of three loans (Term loan of Rs.18,47,550/-, Cash Credit loan limited of Rs.5,21,550/- and another term loan of Rs.3 lakhs) availed in the year 2015 from Odisha Gramya Bank, Dhenkanal.

Due to financial indiscipline, the loan account was declared NPA on 31st July, 2021 and a demand notice issued on 29th November, under Section 13(2) of the SARFAESI Act, 2002 (for short "the Act, 2002") recalling a total dues of Rs.13,87,219/- due as on 31st July, 2021. The Symbolic possession was assumed on 19th February, 2022.

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3. By filing the present writ petition challenge has been laid to the demand notice dated 29th November, 2021 issued under Section 13(2) of the Act, 2002.

4. At the time of hearing, learned counsel for the petitioner prays for permission to withdraw the writ petition to enable the petitioner to seek his remedy in accordance with law.

5. In view of the aforesaid, the writ petition is dismissed as withdrawn with aforesaid liberty. (Jaswant Singh) Judge (M. S. Raman) Judge Basudev April 8th, 2022 Cuttack