Brajabandhu Nayak v. Chief Manager-Cum-Ao,Uco Bank,Balasore

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 5277 of 2022 Brajabandhu Nayak ....

Petitioner Mr. Kamalakanta Mohanty, Advocate -versusChief Manager-cumAuthorized Officer, UCO Bank (Secured Creditor) Zonal Office, O.T. Road, Balasore and another ....

Opp. Parties Mr. Sunil Kumar Swain, Advocate for the Bank

CORAM:

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

ORDER (Oral) 09.03.2022 01.

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

2. The brief facts of the case were that the petitioner availed a house building loan of Rs.6,00,000/- from the Opposite Party No.2, i.e. Authorized Officer UCO Bank on 11th April, 2014. He secured the loan by mortgaging his land.

3. Due to financial indiscipline, the O.P. No.2 declared the loan account as NPA on 30th June, 2015. Further, a notice under Section 13(2) of SARFAESI Act, 2002 was issued on 25th September, 2015. The possession of the property was taken under Section 13(4) of the SARFAESI Act, 2002 on 28th December, 2017.

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4. The petitioner requested the Opposite Party No. 2 to settle dues by payment of lump sum amount. The Opposite Party No. 2 agreed to the request on 17th May, 2019 and directed the petitioner to pay Rs.4,60,000/- within 31st of August, 2019.

5. Due to COVID-19, the petitioner defaulted in its payment. Consequently, the Opposite Party No. 2 on 25th of January, 2022 issued a sale notice for E-auction of the property on 28th February, 2022.

6. Aggrieved by the sale notice, the petitioner has approached this Court.

7. At the time of argument, counsel for the petitioner requested to withdraw the writ petition vide a withdrawal Memo dated 9th March, 2022.

8. In view of the above request, the W.P.(C) No.5277 of 2022 stands disposed of as withdrawn.

(Jaswant Singh) Judge (M. S. Raman) Judge March 09th, 2022 Cuttack Basudev