Naka Bichamma @ Naka Bisha Mama v. Ao, Union Bank Of India, Rayagada

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14891 of 2022 Naka Bichamma @ Naka Bisha Mama and Others ....

Petitioners Mr. Tushar Kanta Sahoo, Advocate -versusAuthorized Officer, Union Bank of India and Another ....

Opp. Parties Mr. S.K. Ghosh, Advocate for the Bank

CORAM:

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

ORDER (Oral) 05.07.2022 01.

1. This matter is taken up through virtual/physical mode.

2.

The three petitioners i.e. Naka Bichamma @ Naka Bisha Mama, Naka Nakul Raju and Naka Umadevi are the defaulting borrowers of loan facilities availed from the Union Bank of India, Podia Branch, Dist-Malkangiri facing recovery process under the SARFAESI proceedings. In all the three loan accounts, the co-lateral security offered as immovable property is owned by Naka Bichamma @ Naka Bisha Mama (Petitioner No.1). 3.

Challenge laid in the present writ petition is to the sale notice dated 26.05.2022, whereby the common mortgaged property has been notified to be put to auction sale on 17.06.2022 for recovery of outstanding amount of Rs.6,62,575.95/- from petitioner No.1 (Naka Bichamma @ Naka Bisha Mama), Rs.10,60,975.05/- from Petitioner

// 2 // No.2 (Naka Nakul Raju) and Rs.7,49,036.68/- from Petitioner No.3 (Naka Umadevi) being amounts outstanding as on 28.02.2022 in their respective loan accounts.

4.

At the time of hearing, it is conceded that the writ petition has become infructuous, in view of the auction sale fixed on 17.06.2022 having failed for lack of intending bidder.

5.

In view of the above, the writ petition is disposed of as infructuous.

(Jaswant Singh) Judge (M. S. Raman) Judge Basudev 5th July, 2022 Cuttack