M/S P.K.B.Developers Pvt. Ltd.,Bbsr v. Zonal Manager,Uco Bank,Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6175 of 2022 M/s. PKB Developers Pvt. Ltd, Bhubaneswar ....

Petitioner Mr. Chittaranjan Pattnaik, Advocate -versusZonal Manager, UCO Bank Zonal Office, Bhubaneswar and Others ....

Opp. Parties None

CORAM:

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

ORDER (Oral) 22.03.2022 01.

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

2. The brief facts of the case are that the petitioner is a firm namely "M/s. PKB Developers Pvt. Ltd." and is involved in Real Estate business. The petitioner availed a loan of Rs.1,80,00,000/- from the O.P. No.2 i.e. Branch Manager, UCO Bank, Nuapara, Cuttack on 13th December, 2005 by mortgaging various immovable properties.

3. The O.P. No.2 issued a notice to the petitioner under Section 13(2) of the SARFAESI Act, 2002 on 05th October, 2016. Further, a notice under Section 13(4) of the Act, 2002 was also issued by the O.P. No.2. Moreover, the Opposite Party-Bank also filed a case before DRT, Cuttack vide Case No. OA No.610 of 2014. The DRT, Cuttack issued a notice dated 05th October, 2021 for attachment of mortgaged immovable property.

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4. Aggrieved by the said notice by DRT, Cuttack, the petitioner approached this Court to set-aside the notice dated 05th October, 2021.

5. During the course of hearing, the petitioner has filed a withdrawal memo dated 21st March, seeking withdrawal of his petition to approach the proper forum.

6. In the light of the above memo, the petition is disposed of as withdrawn.

(Jaswant Singh) Judge (M. S. Raman) Judge Basudev March 22nd, 2022 Cuttack