Khetra Kumar Patra v. Ao, Bank Of Baroda, Deogarh Branch

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14395 of 2022 Khetra Kumar Patra ....

Petitioner Ms. Agnisikha Ray, Advocate -versusAuthorised Officer, Bank of Baroda, Deogarh Branch & Another ....

Opp. Parties Ms. Dipika Sukla, Advocate on behalf of Mr. K.M.H. Niyamati

CORAM:

JUSTICE S.K. SAHOO AND JUSTICE MURAHARI SRI RAMAN Order No.

ORDER

10.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Ms. Dipika Sukla, learned counsel on behalf of Sri Niyamati submits that she has the instruction to appear on behalf of the opposite party-Bank.

Heard Ms. Agnisikha Ray, learned counsel for the petitioner and Ms. Dipika Sukla, learned counsel for the opposite party-Bank.

The petitioner has filed this writ petition challenging the possession notice dated 21.04.2022 under Annxure-3 issued by the opposite party-Bank and to direct the opposite party-Bank to settle the

// 2 // loan account under the O.T.S. Scheme.

Ms. Dipika Sukla, learned counsel for the opposite party-Bank on instruction submitted that the outstanding loan dues against the petitioner as on date is to the tune of Rs.70,43,323/- (rupees seventy lakhs fortythree thousand three hundred twenty three).

Learned counsel for the petitioner submitted that the petitioner is ready and willing to deposit 25% of the outstanding dues and make an application for One Time Settlement/settlement of the loan dues and direction may be given to the opposite party-Bank to consider the same giving opportunity of hearing to the petitioner.

Considering the submissions made by the learned counsel for the respective parties, without entering into the merits of the case, this writ petition is disposed of with a direction that if the petitioner deposits 25% of the outstanding dues and simultaneously files an application for One Time Settlement/settlement of the loan dues within a period of two weeks from today before the opposite party no.1, the same shall be considered in accordance with law by giving opportunity of hearing to the petitioner within a further period of two weeks and the decision taken thereon shall be communicated to the petitioner in writing. It is made clear that in the event the

// 3 // petitioner fails to deposit the amount as directed within the time stipulated, the opposite party-Bank is at liberty to take steps against the petitioner in accordance with law. Till consideration of such application for One Time Settlement/settlement of the loan dues, no coercive action shall be taken against the petitioner.

Issue urgent certified copy as per Rules.

(S.K. Sahoo) Vacation Judge (M.S. Raman) Vacation Judge P