Pratap Ku.Padhy v. Chief Manager,Sbi And

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 29102 of 2013 Pratap Kumar Padhy ....

Petitioner None -versusChief Manager, State Bank of India, Bhanjanagar, DistGanjam and Another ....

Opp. Parties None

CORAM:

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

ORDER (Oral) 22.06.2022 04.

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

2. The petitioner is a guarantor for an amount of Rs.10,00,000/-(Rupees Ten Lakhs) against a loan availed by M/s. Shri Industrial Training Institute, the borrower.

3.

The challenge laid is to the notice issued on 11th November, 2011 by the State Bank of India, Ganjam (Secured Creditor) under Section 13(2) of the SARFAESI Act, 2002 (for short "the Act, 2002") recalling the outstanding liabilities to the tune of Rs.13,44,163/- due as on 30th June, 2011; as also the notice dated 17th September, 2013 issued under Section 13(4) of the Act, 2002 assuming the symbolic

// 2 // possession of the mortgaged property belonging to the petitioner-guarantor.

4.

None has put in appearance on behalf of the petitioner.

5.

The record reveals that till now the defects pointed out by the Registry have not been removed. In view of efflux of time and the conduct of the petitioner, it appears that the petitioner is no longer interested in pursuing the present Writ Petition, perhaps due to liquidating of the loan account. 6.

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

(Jaswant Singh) Judge (M. S. Raman) Judge AKK June 22nd, 2022 Cuttack