Jalandhar Swain v. Authorised Officer O

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21103 of 2013 Jalandhar Swain ....

Petitioner Mr. Dayanidhi Mohanty, Advocate -versusAuthorised Officer, State Bank of India, INS Chilika Branch, Dist-Khurda ....

Opp. Party Mr. S.J. Pradhan, Advocate for the Bank

CORAM:

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

ORDER (Oral) 16.03.2022 13.

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

2. The defaulting borrower is before this Court challenging the notice dated 10th August, 2013 issued under Section 13(4) of the SARFAESI Act, 2002 assuming symbolic possession of the mortgaged property towards liability of Rs.9,87,063/- as on 7th November, 2012. Further prayer is for issuing a mandamus for directing the Bank to enter into the settlement under the OTS Scheme.

3. At the time of hearing, learned counsel for the petitioner states that the loan account has been closed upon liquidating the entire liability in terms of an amicable settlement. The title deeds of the mortgaged

// 2 // property have also been received back by the borrower/guarantor.

4. In view of the above, learned counsel for the petitioner by filing a memo in Court today prays for permission to withdraw the writ petition. The memo be kept on record.

5. In view of the memo filed, the writ petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M. S. Raman) Judge March 16th, 2022 Cuttack Basudev