Mayadhar Barik v. Regional Manager, Bank Of Baroda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9171 of 2022 Mayadhar Barik ....

Petitioner Mr. L. Mishra, Advocate -versusRegional Manager, Bank of Baroda & another ....

Opp. Parties Mr. K.M.H. Niamati, Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE G. SATAPATHY ORDER (Oral) 16.12.2022 (Hybrid Mode) 03.

1.

The auction purchaser is before this Court Order No.

seeking a direction to the secured creditor/Bank for delivering the physical possession of the purchased property as also for execution of the sale deed or in the alternative refund of sale price deposited. 2.

Mr. Niamati, learned counsel for the Bank states that with the change of description of the property in view of the new khata prepared, the possession could not be taken from the borrower and thus could not be handed over. He, however, upon instruction submits that an application under Section 14 of SARFAESI Act, 2002 for seeking possession has been filed by the Bank and thereafter

// 2 // appropriate action shall taken in accordance with law.

3.

In view of the aforesaid situation, we are not inclined to keep the present writ petition pending and accordingly disposed of as infructuous at this stage, to await the outcome of the application under Section 14 of SARFAESI Act, 2002 moved by the Bank.

(Jaswant Singh) Judge (G. Satapathy) Judge Subhasmita/ Kishore 16th December, 2022 Cuttack