Surendra Kumar Mahapatra v. Ao Cum Chief Manager,Shriram Housing Fin. Ltd.,Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7513 of 2022 Surendra Kumar Mahapatra ....

Petitioner None -versusAuthorised Officer-cum-Chief Manager, Shriram Housing Finance Ltd., BBSR & others ....

Opp.parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO ORDER (Oral) 15.11.2022 Hybrid Mode Order No.

6.

1. None appears for the petitioner when the matter is called.

2. On 25.08.2022 prayer was made by the Proxy Counsel for the petitioner for adjournment and the following order was passed :

"2. This is the fourth date of listing of the case, wherein a request for adjournment has been made. It appears that no one is interested to pursue the present writ petition."

Again on 30.09.2022 at the instance of the learned counsel for the petitioner, what was supposed to be the last request for adjournment, the matter was adjourned to today.

3. The petitioner in the writ petition is a defaulting borrower of a housing loan sanctioned on 28.06.2014 for an amount of Rs.10,00,000/-. For securing the said

// 2 // loan, the petitioner extended mortgage of land and building as owned by him. Due to default in payment of instalments, the account was declared NPA on 08.05.2019, the Bank demanded a sum of Rs.9,24,476/- plus interest and other expenses.

4. In the present writ petition, the petitioner challenges the order dated 07.03.2022 passed by the Collector & District Magistrate, Nayagarh (Annexure-5) allowing a petition under Section 14 of the SARFAESI Act 2002, thereby granting assistance of the revenue as well as the police authorities to the Authorized Officer for taking physical possession of the secured assets. Be that as it may, in view of the lack of prosecution from the petitioner, the writ petition is dismissed. (Jaswant Singh) Judge (M.S. Sahoo) Judge November 15th 2022 Cuttack Gs/Radha