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Orissa High CourtWP(C)/5724/2022disposed off

Raj Kumar Sahu v. State Bank Of India,Sundargarh

2022-11-18Mr. Justice Jaswant Singh,Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5724 of 2022 Raj Kumar Sahu ....

Petitioner Mr. N.A. Kulraj, Advocate -versusState Bank of India, Sadheipali ADB, Hospital Road, Sundargarh and Others ....

Opp. Parties Mr. D.P. Sarangi, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 18.11.2022 (Hybrid Mode) 08.

1.

The petitioner is the principal defaulting Order No.

borrower, who is facing recovery process under the SARFAESI Act, 2002 (for short "the Act, 2002") which was initiated by issuance of the demand notice dated 03.10.2019 under Section 13(2) of the Act, 2002 recalling the aggregate outstanding liability around of Rs.23,42,000/- due as on 03.10.2019 plus interest and expenses. The challenge in the present writ petition is to the aforesaid demand notice as also the notice dated 03.02.2022, whereby symbolic possession of the Secured Asset has been assumed. 2.

At the time of hearing, learned counsel for the petitioner states that in view of a settlement arrived at with the Bank, the petitioner wishes to withdraw

// 2 // the present writ petition. A memo dated 24.09.2022 has been filed in Court with a prayer to withdraw the writ petition. The same be kept on record. Mr. Sarangi, learned counsel for the Bank has no objection.

3.

In view of the memo filed, the Writ Petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M.S. Sahoo) Judge Basudev 18th November, 2022 Cuttack