Prativa Bhuyan v. Chairman, Odisha Gramya Bank, Head Office

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C). No.11866 of 2021 Prativa Bhuyan ....

Petitioner Mr. Prakash Chandra Dash, proxy counsel on behalf of Mr. P.Ch. Jena, Advocate -versusChairman, Odisha Gramya Bank & Others ....

Opposite Parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 10.10.2022 Order No.

02.

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

The Petitioner is a defaulting borrower in a cash credit facility availed from the Odisha Gramya Bank, Vivekananda Marg, Balasore and loan having been classified as NPA, recovery process under the SARFAESI Act has been initiated. By filing the present writ, challenge has been laid to the e-auction sale notice dated 27th February, 2021, whereby the auction sale of the mortgaged property owned by her husband/guarantor has been fixed for auction sale on 30th March, 2021 towards the recovery of outstanding liability of Rs. 11,22,540/- along with interest as on 26th February, 2021. Further prayer is for directing the Bank to permit the Petitioner to make payments of the outstanding loan amount on instalment basis.

2.

At the outset, Mr. P.C. Dash, proxy counsel on behalf of Mr. P.Ch. Jena, counsel for the Petitioner prays for an

// 2 // unconditional withdrawal of the writ petition. A memo to that effect has been filed in Court today, which is taken on record. 3.

In view of the above, the writ petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M.S. Raman) Judge Aks October 10, 2022 Cuttack