M/S. Anu Traders v. Canara Bank, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.9433 of 2022 M/s. Anu Traders and another ....

Petitioners Mr. Sarada Prasanna Sarangi, Advocate -versusCanara Bank, Recovery Section, Regional Office-I, ID Market, Bhubaneswar and another ....

Opposite Parties Mr. Firoz Ahmad,, Advocate for the Bank

CORAM:

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

ORDER (Oral) 21.04.2022 01.

1.

This matter is taken up through virtual/physical mode. 2.

The Petitioner-M/s.AnuTraders of which Mrs.Anupama Dash is proprietress is the defaulting borrower of a cash credit facility and housing loan availed from the Canara Bank, SME Mancheswar Branch, Bhubaneswar. Challenge has been laid to the notice dated 10th December, 2021 issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act, 2002'), whereby the symbolic possession of the secured asset has been assumed.

3.

At the time of hearing, counsel for the Petitioners prays for permission to withdraw the writ petition as the Petitioners have already approached the DRT, Cuttack under Section 17 of the Act, 2002 assailing the recovery process initiated by the Bank under the Act, 2002.

// 2 // 4.

Mr. Firoz Ahmad, counsel for the Bank has no objection for the same.

5.

Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty.

Issue urgent certified copy as per rules.

(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna April 21st, 2022 Cuttack