M/S Lynx Traderoom Pvt. Ltd. v. Hdfc Bank Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13669 of 2022 M/s. Lynx Traderoom Pvt.

Ltd.

....

Petitioner Mr. A. Patnaik, Advocate -versusH.D.F.C. Bank Ltd. & others ....

Opp. Parties None

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).

Heard the learned counsel for the petitioner. The petitioner M/s.Lynx Tradercoom Pvt. Ltd. has filed this writ petition challenging the notice dated 19.02.2022 issued by the opposite party-Bank under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the 'SARFAESI Act') as per Annexure-9.

It appears that after issuance of the aforesaid notice, the petitioner submitted a representation to the opposite partyBank under section 13(3-A) of the SARFAESI Act and the same has been disposed of on 30th April 2022 as per Annexure-11. Learned counsel for the petitioner fairly submitted that after disposal of the representation under Annexure-11, no

// 2 // coercive step has been taken by the opposite party-Bank against the petitioner. He further submitted that the petitioner will file an application for One Time Settlement of the outstanding dues and direction may be given to the opposite party-Bank to consider the same giving opportunity of hearing to the petitioner.

Considering the submission made by the learned counsel for the petitioner, in view of the limited nature of prayer made, this writ petition is disposed of with a direction that if the petitioner files an application for One Time Settlement of the outstanding dues within a period of two weeks from today before the opposite party no.3, the same shall be considered in accordance with law giving opportunity of hearing to the petitioner and order shall be communicated to the petitioner. Issue urgent certified copy as per Rules.

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