Jyotsnamayee Behera v. State Bank Of India, Rasmec Branch, Berhampur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C). No.10374 of 2022 Jyotsnamayee Behera ....

Petitioner Mr. Bibhu Prasad Mohanty, Advocate -versusState bank of India, RASMEC Branch & Another ....

Opposite Parties Mr. Manoj Kumar Mohapatra, Advocate for Bank

CORAM:

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

ORDER (Oral) 19.05.2022 08.

1.

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

The Petitioner-defaulting borrower challenged the notice dated 22nd March, 2022 issued by the Opposite Party No.2-Bank, whereby an amount of Rs.46,90,375/- outstanding on account of loan being declared as NPA on 27th November, 2021 is sought to be recovered.

3.

After the aforesaid loan account being declared NPA, the Petitioner approached this Court on an earlier occasion by way of writ petition being WP(C) No. 40219 of 2021. Said writ petition came to be disposed of vide order dated 24th February, 2022 as the Petitioner was allowed to withdraw the petition in consideration of the memo dated 24th February, 2022.

However, in the present writ petition, the Petitioner seeks for quashing of recall notice dated 22nd March, 2022 (Annexure-5)

// 2 // and a direction to the Opposite Parties for consideration of her representation vide Annexure-6.

4.

Mr. Manoj Kumar Mohapatra, counsel for the Bank submitted that the second round of litigation on the same cause is not entertainable.

5.

Counsel for the Petitioner sought for permission to withdraw the writ petition.

6.

Accordingly, the prayer of the Petitioner is allowed. 7.

The writ petition is dismissed as withdrawn.

However, the Petitioner is at liberty to pursue her grievance before the Bank.

(Jaswant Singh) Judge (M.S. Raman) Judge Aks May 19, 2022 Cuttack