Sarbeswar Swain v. Branch Manager, Indian Overseas Bank

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 8643 of 2020 Sarbeswar Swain ....

Petitioner Mr. T. Panigrahi, Advocate -versusBranch Manager, Indian Overseas Bank, Brahamagiri Branch, Puri & Another ....

Opposite Parties Mr. Aurovinda Mohanty, Advocate for Bank

CORAM:

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

ORDER (Oral) 11.05.2022 06.

1.

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

The Petitioner is a defaulting borrower in two loan accounts availed from Indian Overseas Bank, Brahamagiri Branch in the district Puri. The first is the housing loan for a sum of Rs.2,47,000/- (approximately) on 12th September 2011 and the other is the Kisan Credit Card facility with the limit of Rs.20,000/- sanctioned on 13th August, 2010. Due to non-servicing of the accounts, both the accounts were declared as NPA on 30th September, 2021. No further recovery process has been initiated.

3.

By filing the present petition, mandamus is sought for directing the Bank to arrive at amicable settlement under the OTS scheme.

// 2 // 4.

Mr. Aurovinda Mohanty, counsel for the Bank states that there is no OTS policy prevailing with the Bank. That apart, the opportunity granted by this Court to the Petitioner for upgrading the loan accounts by deposit of amounts overdue has not been availed by the Petitioner, as he has not deposited a single penny. 5.

In view of the aforesaid fact that as on today, no recovery process has been initiated, we do not find any reason for entertaining the present petition.

6.

Accordingly, the writ petition is dismissed as not maintainable at this stage.

(Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant May 11, 2022 Cuttack