Naka Nukal Raju v. Ao,Union Bank Of India
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9317 of 2022 Naka Nukal Raju and another ....
Petitioners Mr. T. K. Sahoo, Advocate -versusAuthorized Officer, Union Bank of India, Rayaagada and another ....
Opposite Parties Mr. S.K. Ghose, Advocate for the Bank
CORAM:
JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.
ORDER (Oral) 19.05.2022 02.
1.
This matter is taken up through virtual/physical mode. 2.
Naka Nukal Raju (Petitioner No.1) is a defaulting borrower of cash credit loan account for a sum of Rs.4,90,000/- availed on 28th May, 2014 and recovery process initiated with an outstanding liability to the tune of Rs.10,86,324/- as on 30th April, 2022.
3.
Naka Umadevi (Petitioner No.2), who is the wife of Petitioner No.1 is also defaulting borrower of cash credit facility availed for a sum of Rs.4,90,000/- on 21st May, 2014 and recovery process initiated with an outstanding liability to the tune of Rs.7,69, 453/- as on 30th April, 2022. 4.
It transpires that one Naka Bichamma is a defaulting borrower of housing loan account availed for a sum of Rs.5,90,000/- on 19th May, 2014 and recovery process initiated with an outstanding liability to the tune of Rs.6,92,515/- as on 30th April, 2022.
5.
It is conceded fact that the immovable property belonging to Naka Bichamma has been offered as a collateral
// 2 // security in all the three loan accounts, i.e. Petitioner No.1, Petitioner No.2 and Naka Bichamma herself.
6.
In the instant writ petition, the Petitioner Nos.1 and 2 have laid challenged to the sale notice dated 25th March, 2022, whereby the mortgaged property (offered as collateral security in aforesaid three accounts) was put to auction for sale on 29th April, 2022 to recover the outstanding liabilities in all the three aforesaid loan accounts.
7.
At the time of hearing, counsel for the Bank states that the present writ petition has become infructuous as the auction fixed for 29th April, 2022 has failed for want of any intending bidders.
8.
In response, counsel for the Petitioners is unable to dispute the aforesaid factual position.
9.
Accordingly, this writ petition is dismissed as infructuous.
(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna May 19th, 2022 Cuttack