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Orissa High CourtWP(C)/18667/2022disposed off

M/S Akhandalamani Electrical And Construction v. Odisha State Financial Corporation , Cuttack

2022-08-03Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18667 of 2022 M/s. Akhandalamani Electrical & Construction ....

Petitioner Mr. Jagannath Bhuyan, Advocate -versusOdisha State Financial Corporation and Others ....

Opp.Parties None

CORAM:

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

ORDER (Oral) 03.08.2022 01.

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

2.

The petitioner was a successful auction purchaser of a property auctioned by OSFC. However, the amounts deposited by the petitioner towards partial payment of the sale price were refunded way back in the year 2010 in view of the borrower being entitled to protection from recovery proceedings due to BIFR seized of rehabilitation proceedings.

3.

By filing the present writ petition after 11 years, the petitioner has claimed interest on the amounts retained by OSFC for a period of two years before being refunded in the year 2010.

4.

After arguing for some time and having failed to convince the Court on merits, in view of the claim being

// 2 // hopelessly time barred, learned counsel for the petitioner prays for permission to withdraw the writ petition. 5.

In view of the above, the writ petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M. S. Raman) Judge Basudev 3rd August, 2022 Cuttack