Sidhartha Kumar Pradhan v. Md And Ceo, Karur Vysya Bank Ltd., Tamilnadu

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6604 of 2022 Sidhartha Kumar Pradhan ....

Petitioner Mr. Kabiraj Pradhan, Advocate -versusManaging Director and Chief Executive Officer, the Karur Vysya Bank Ltd and others ....

Opp. Parties Mr. M. Balakrishna Rao, Advocate for the Bank

CORAM:

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

ORDER (Oral) 23.03.2022 14.

1.

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

The Petitioner, the defaulting borrower, has already filed S.A. No.82 of 2020 before the DRT, Cuttack, which is stated to be pending. In the said S.A., an interim order dated 21st December, 2021 was passed, whereby the Petitioner was given an option to deposit the stated amounts within the time line specified to upset/offset the claim of the successful bidder/auction purchaser in respect of three properties sold on 12th August, 2021. The dispute is in respect of complete payment of the amounts required under the aforesaid interim order, for which the Petitioner has admittedly made an application for extension before the DRT, Cuttack in the aforesaid pending S.A.

3.

The grievance raised now before this Court is in respect of alleged monopolistic calculation of the outstanding amounts by the Bank intimating outstanding amount of

// 2 // Rs.37,61,783/- as on today after payment of Rs.78,31,500/- in terms of the interim order dated 21st December, 2021 passed by the DRT, Cuttack.

4.

After arguing for some time and having failed to convince the Court for invoking our writ jurisdiction, counsel for the Petitioner prays for permission to withdraw the writ petition to pursue the pending application or/and any other application to be filed before the DRT, Cuttack. 5.

In view of the above, this writ petition is dismissed as withdrawn with the aforesaid liberty.

Issue urgent certified copy as per Rules.

(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna March 23rd, 2022 Cuttack