Sanjeeb Ku.Pati v. A.O.Uco Bank

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18847 of 2012 Sanjeeb Kumar Pati .... Petitioner None -versusThe Authorized Officer, UCO Bank, Sambalpur Branch, District-Sambalpur .... Opp. Party Mr. B. N. Udgata, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 02.08.2022 Order No.

10.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Petitioner is a defaulting borrower of a Cash Credit facility availed for a sum of Rs.1,00,000/- from UCO Bank, Sambalpur Branch, Sambalpur for business purposes in the name and style as M/s. Samikshya Traders.

3. Due to default in servicing the account, recovery process under the SARFAESI Act, 2002 was initiated which is a subject matter of challenge before this Court.

4. This Court on 4th October, 2012 passed the following interim order:

"As an interim measure, it is directed that the auction may take place but the sale shall not be confirmed subject to the petitioner depositing

// 2 // a sum of Rs.20,000/- (Rupees twenty thousand) with the opposite party-bank by the next date. Urgent certified copy of this order be granted on proper application."

5.

At the time of hearing, Mr. Udgata appearing for the Bank states that the loan account bearing No.01220501002353 stands closed since 18th March, rendering the present Writ Petition as infructuous.

None has put in appearance to refute the aforesaid factual contention.

6. In view of the above, the Writ Petition is dismissed as infructuous.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 2nd August, 2022 Cuttack