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Orissa High CourtWP(C)/6790/2021disposed off

Kandarpa Pujari @ Pujahari v. The Authorize Officer, Ipicol

2022-07-14Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.6790 of 2021 Kandarpa Pujari @ Pujahari & Another ....

Petitioners None -versusThe Authorized Officer,LIC Housing Finance Limited, IPICOL House, 3rd Floor, Janapath, Bhubaneswar & Another ....

Opposite Parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 14.07.2022 Order No.

4.

1.

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

Petitioners, defaulting borrowers, availed term loan and cash credit loan of Rs.14,60,000/- from LIC Housing Finance Limited having branch in the district of Sundergarh. Due to financial indiscipline, notice under Section 13(2) of the SARFAESI Act was issued on 20th October, 2020 recalling an amount of Rs. 14,91,836.80. Non-compliance of the terms of said demand notice, possession notice under Section 13(4) of the SARFAESI Act was issued on 5th February, 2021.

3.

On 19th April, 2022 when the matter was taken up, none for either side appeared. In the interest of justice, the matter was adjourned to 8th July, 2022, on which date also none appeared. This Court vide order dated 8th July, 2022 clarified as follows:-

// 2 // "xxx xxx xxx xxx It is clarified that, if there is no representation on behalf of the Petitioner on the next date, the writ petition shall be dismissed for non-prosecution."

4.

Today when the matter is taken up, none appeared. Finding no alternative, this Court is constraint to dismiss the writ petition for non-prosecution.

(Jaswant Singh) Judge (M.S. Raman) Judge AKs 14th July, 2022 Cuttack