Saroj Kanta Pati v. Ao, Indian Bank (E Allahabad Bank), Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C) No. 6944 of 2022 Saroj Kanta Pati ....

Petitioner None -versusAuthorized Officer, Indian Bank(eAllahabad Bank), Indian Bank, Bhubaneswar ....

Opposite Parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 04.05.2022 Order No.

01.

1.

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

Saroj Kanta Pati (Petitioner) is the Proprietor of M/s. Computer World which had availed a cash credit facility from Indian Bank (erstwhile Allahabad Bank), Tinmuhani Kendrapara Branch ( Opposite Party No.2), which was enhanced to the limit of Rs.1.00 crore in the year 2016. Due to irregular service of the account, it was declared as NPA on 3rd March, 2021, leading to the issuance of a demand notice dated 16th June, 2021 under Section 13(2) of the SARFAESI Act, 2002 recalling an outstanding liability of Rs.62,58,475/- due as on 15th June, 2021 with further agreed interest. Subsequently a notice assuming symbolic possession was issued under Section 13(4) of the SARFAESI Act as also a sale notice dated 26th November, 2021 fixing the auction date of the secured assets on 29th December, 2021.

// 2 // 3.

Before the case could be taken up for hearing, the Advocate for the Petitioner has filed a mention memo dated 26th April, 2022 (available at Flag-W) seeking the listing and permission to withdraw the writ petition.

4.

In view of the contents of the aforesaid memo, the present writ petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant May 4, 2022 Cuttack