Meera Das v. The Chief Manager And Ao, Union Bank Of India, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17423 of 2022 Meera Das .... Petitioner Ms. S. Behera, Advocate -versusThe Chief Manager & Authorized Officer, Union Bank of India, Regional Office, Cuttack and Another .... Opp. Parties Mr. Anshuram Mishra, Advocate for the Bank

CORAM:

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

ORDER (Oral) 27.10.2022 04.

This matter is taken up through hybrid arrangement.

1. The petitioner-Meera Das is the wife of Prasanta Kumar Das and mother of Tushar Ranjan Das.

Petitioner has offered the immovable property owned by her as a collateral security in respect of two loans aggregating around Rs.20 lakhs availed in the year 2015 by her husband and son from Union Bank of India.

2. Due to financial indiscipline, the loan accounts were classified as NPA on 31.03.2022 leading to initiation of the recovery process under the SARFAESI Act, 2002 (for short, "the Act, 2002") by issuance of a Demand Notice dated 18.04.2022 under Section 13(2) of the Act, 2002.

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3. By filing the present Writ Petition, challenge has been laid to the Demand Notice dated 18th April, 2022 (Annexure-A/3) as also a mandamus directing the Bank to dispose of the settlement proposal dated 6th July, 2022 offered by the petitioner for an amicable settlement.

4. At the time of hearing, Mr. Anshuram Mishra, learned counsel for the Bank states that the present Writ Petition has become infructuous in view of the loan accounts having been upgraded to standard accounts upon deposits of the amounts overdue. He submits that upon such premise, the subsequent W.P.(C) No.19900 of 2022 filed by the self-same petitioner challenging the subsequent e-auction Sale Notice was also disposed of as infructuous vide order dated 23rd September, 2022.

5. In view of the above, the present Writ Petition is disposed of as infructuous.

(Jaswant Singh) Judge (M.S. Sahoo) Judge Sipun 27th October, 2022 Cuttack