Rabindra Kumar Sahu v. Ao,Odisha Gramya Bank

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9797 of 2019 Rabindra Kumar Sahu ....

Petitioner Mr.P.K.Kar, Advocate -versusAuthorised officer, Odisha Gramya Bank & another ....

Opp.parties Mr.S.K.Behera, Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO ORDER (Oral) 15.12.2022 Hybrid Mode Order No.

06.

1. The petitioner is a defaulter of a house building loan for a sum of Rs.4,00,000/- availed on 23rd February, 2011 from Odisha Gramya Bank against whom the recovery process under the SARFAESI Act, 2002 was initiated by issuance of demand notice dated 11th April, 2016 under Section 13(2) of the SARFAESI Act, 2002 recalling the outstanding liability of Rs.5,72,000/-. The symbolic possession of the mortgaged house was assumed on 23rd May,2018 by issuance of notice under Section 13(4) of the SARFAESI Act, 2002.

2. The present petition has been filed challenging the eauction notice dated 25th November,2022 fixing the auction sale of the mortgaged property on 30th December,2022 for a recovery of an outstanding amount of Rs.6,35,000/-.

3. At the outset, Mr. S.K.Behera, learned counsel appearing for the Bank on advance notice submits that

// 2 // the said auction has been withdrawn, thereby rendering the present writ petition as infructuous. In view of the above, the writ petition is dismissed as infructuous.

(Jaswant Singh) Judge (M.S.Sahoo) Judge 15th December, 2022 Cuttack Gs/Radha