Prakash Chandra Parida v. Ao, Union Bank Of India, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13435 of 2022 Prakash Chandra Parida ....

Petitioner Mr. S.R. Jena, Advocate -versusA.O., Union Bank of India, Bhubaneswar & another ....

Opp. Parties Mr. Tuna Sahu, Advocate

CORAM:

JUSTICE S.K. SAHOO JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

31.05.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Mr. Tuna Sahu, learned counsel files his appearance memo in Court today, which is taken on record. Heard the learned counsel for the petitioner and learned counsel for the Bank.

The petitioner Prakash Chandra Parida has filed this writ petition challenging the possession notice dated 19.05.2022 issued by the Authorised Officer, Union Bank of India, opposite party no.1.

Learned counsel for the petitioner submits that the petitioner is ready and willing to deposit 25% (twenty five) percentage of the outstanding dues against him and file an application for One Time Settlement before the opposite party no.1 and necessary order may be passed to consider

// 2 // the said application for One Time Settlement giving opportunity of hearing to the petitioner.

Mr. Tuna Sahu, learned counsel appearing for the opposite party-Bank though has no serious objection to the aforesaid submission, but submitted that some time limit may be fixed for such deposit and consequential order may be passed in case of failure of the petitioner to deposit such amount within the time stipulated. Considering the submissions made by the learned counsel for the respective parties, this writ petition is disposed of with a direction that in case the petitioner deposits 25% (twenty five) percentage of the outstanding dues against him within a period of two weeks from today and files an application for One Time Settlement of the dues before the opposite party no.1 within that time, the same shall be considered in accordance with law by giving opportunity of hearing to the petitioner.

It is made clear that in the event the petitioner fails to deposit the amount as directed within the time stipulated, the opposite partyBank is at liberty to take coercive steps against the petitioner in accordance with law. Till consideration of such application by opposite party no.1, no coercive steps shall be taken against the petitioner.

Issue urgent certified copy as per Rules.

PKSahoo (S.K. Sahoo) Vacation Judge (Biraja Prasanna Satapathy) Vacation Judge

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