Subas Chandra Das v. Uco Bank,Balasore

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 7050 of 2022 Sri Subas Chandra Das ....

Petitioner Mr. Amitav Das, Advocate -versusUCO Bank & Others ....

Opposite Parties Mr. Sunil Kumar Swain, Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 05.04.2022 Order No.

02.

1.

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

The Petitioner claims to have purchased the property in question from his vendors i.e. Gopal Krushna Das and Naba Krushna Das of Nabra in the district of Balasore vide Sale Deed dated 19th June, 2015.

3.

By filing the present petition, he has challenged the Eauction notice dated 24th February, 2022 putting the property purchased by him for auction sale on 25th March, 2022 for recovery of the outstanding dues of the loanee- Gopal Krushna Das under the SARFAESI Act, 2002. It is claimed that the property purchased by the Petitioner was never mortgaged by his vendors towards any loan.

4.

At the time of hearing, Mr. Sunil Kumar Swain, Advocate appearing for the Bank states that the present petition has become

// 2 // infructuous as the said auction sale fixed for 25th March, 2022 was cancelled vide corrigendum issued on 24th March, 2022. He further submits that with regard to the factual contentions raised in the petition, the same shall be decided as and when occasion arises. 5.

In view of the above, the writ petition is dismissed as infructuous.

(Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant April 5 , 2022 Cuttack