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Orissa High CourtWP(C)/7408/2022disposed off

Sunil Manohar Maharathy v. Union Bank Of India, Bbsr

2022-08-03Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7408 of 2022 Sunil Manohar Maharathy ....

Petitioner None -versusUnion Bank of India, Bhubaneswar ....

Opp.Party Mr. Tuna Sahu, Advocate for the Bank

CORAM:

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

ORDER (Oral) 03.08.2022 08.

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

2.

The petitioner is the successful bidder, who had deposited around 60% of the sale price of Rs.32,10,000/- within ninety days of the auction sale conducted on 22.10.2021 to recover the outstanding liabilities of the defaulting borrower to the tune of Rs.74 lakhs. 3.

The primary relief in the present writ petition is for seeking extension of time in depositing the remaining balance of the sale price beyond the outer limit permitted by the statute and also avoid forfeiture of the deposited amount.

4.

At the time of hearing, learned counsel for the Bank states that the petitioner has deposited entire sale consideration with interest on the delayed payments, in compliance of the interim orders passed by this Court. Consequently, the Bank has proceeded to issue a sale

// 2 // certificate thereby rendering the present writ petition as infructuous.

5.

In view of the aforesaid development, the delay in depositing the balance of the sale price is condoned and the writ petition is disposed as infructuous. (Jaswant Singh) Judge (M. S. Raman) Judge Basudev 3rd August, 2022 Cuttack