Madhusmita Sahoo v. Ao,State Bank Of Hyd

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12993 of 2013 ....

Petitioners Madhusmita Sahoo and another Mr. H.K. Mahanta, Advocate -versusAuthorized Officer, State Bank of Hyderabad, Jagamara Branch, At:Jagamara, PO:

Khandagiri, Dist-Khurda and another ....

Opp. Parties Mr. M. K. Mohapatra, Advocate

CORAM:

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

ORDER (Oral) 19.05.2022 03.

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

2. The Petitioner No.1 is stated to have availed a term loan of ₹5 lakhs and a Cash Credit loan of ₹2 lakhs from the erstwhile State Bank of Hyderabad, Jagamara Branch, Khurda (now merged with State Bank of India) in March, 2010 for which Petitioner No.2 stood as guarantor against the said loan.

3. By filing the present writ petition, a challenge has been laid to the recovery process initiated under the SARFAESI Act, 2002 (in short 'the Act, 2002') for

// 2 // recovery of outstanding liability, and specially the notice dated 31.05.2013 issued under Section 13(4) of the Act, 2002 taking symbolic possession of the mortgaged property.

4. At the time of hearing, learned counsel for both the parties state that the writ petition has become infructuous in view of the loan accounts having been closed upon payment of the required amount.

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

(Jaswant Singh) Judge (M. S. Raman) Judge May 19th, 2022 Cuttack AKK