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Orissa High CourtCONTC/922/2020disposed off

Kishore Chandra Sahu v. Anju Sinha

2022-04-06Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No. 922 of 2020 Sri Kishore Chandra Sahu ....

Petitioner None -versusAnju Sinha, Chief Manager-cumAuthorized Officer, UCO Bank, Rourkella ....

Opposite Party None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 06.04.2022 Order No.

03.

1.

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

The contempt petition has come to be filed alleging that issue of demand notice U/s 13(2) of the SARFAESI Act, 2002 on 17th December, 2019, is in disregard of order dated 5th November, 2019 passed in W.P (C) No. 19012 of 2019.

3.

This Court vide order dated 5th November, 2019 passed the following order in the afore-noted writ petition: "Heard Mr. S.K. Ray, learned counsel for the Petitioner and Mr. B.B. Swain, learned counsel for the Opposite Party No.1 and 2 Bank.

Mr. S.K. Ray, learned counsel for the Petitioner submits that Petitioner has availed a loan from Opposite Party No.2 Bank. He filed an application to settle the outstanding loan dues

// 2 // under the OTS Scheme but his application was rejected on 21.09.2019 without assigning any reason.

Mr. Swain, learned counsel for the Opposite Party No.1 and 2 Bank submits that Petitioner has not quoted any amount in the application for OTS. Further, he has not deposited 10% of the outstanding amount as required under the scheme. In view of the same, the writ petition is disposed of with an observation that if the Petitioner files an application to settle the outstanding dues under the OTS Scheme within a period of six weeks along with 10% of the outstanding amount, the Bank shall consider the same within a period of two weeks thereafter."

3.

On 11th February, 2022 when the matter is called, the counsel for the Petitioner prayed for two weeks' time to seek instruction regarding present status of the loan account. 4.

Accordingly, the matter is listed today. When the matter is taken up today, none appeared for the Petitioner. 5.

Hence, this contempt is dismissed for non-prosecution. (Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant April 6 , 2022 Cuttack