Rajanikanta Sahani v. Ao, Union Bank Of India, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.5249 of 2022 Rajanikanta Sahani ....

Petitioner Miss. Yogamaya Biswal, Advocate on behalf of Mr. Sanat Kumar Das, Advocate -versusAuthorized Officer, Union Bank of India, Regional Office, Cuttack & Others ....

Opposite Parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 26.04.2022 Order No.

02.

1.

This matter is taken up by virtual/physical mode. 2.

The defaulting borrower has filed the present writ petition challenging the notice dated 2nd February, 2022 (Annexure-1) issued by the Collector-cum-District Magistrate, Cuttack in respect of the hearing of an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act, 2002') filed by the secured creditor i.e., Union Bank of India for providing of official assistance for taking actual physical possession of the secured asset.

3.

Counsel for the Petitioner prays for permission to withdraw the present writ petition as the Petitioner has already filed a securitization application challenging the proceeding under Section

// 2 // 14 of the Act initiated by the Bank before the DRT, Cuttack. A withdrawal memo also stands filed at Flag-'X'. 4.

In view of the above, the writ petition is dismissed as withdrawn with liberty to the Petitioner to pursue his remedy before the DRT, Cuttack in accordance with law.

Issue urgent certified copy as per rules.

(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna April 26th, 2022 Cuttack