Sudam Charan Mohanty v. The Cm, United Commercial Bank

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.22260 of 2021 ....

Petitioner Mr. Akshaya Kumar Mohapatra, Advocate Sudam Charan Mohanty -versusThe Chief Manager, United Commercial Bank (U.Co.

Bank), College Square Branch, Cuttack and Others ....

Opp. Parties

CORAM:

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

ORDER (Oral) 21.02.2022 02.

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

2. The Petitioner in the present Writ petition vide WP(C) No. 22260 of 2021 had challenged the demand of loan amount and enforcement of security interest issued by Opposite Party No. 1 & 2 i.e. the Bank Authorities.

3. The brief facts of the case are that the Petitioner is a guarantor and his ancestral property was mortgaged against a loan of Rs.7,00,000/- on 16.12.2016. Further, the total dues as on 16.07.2021 was calculated to be Rs.6,50,155.57 Paise.

4. Further, the Bank issued a notice under Section 13(2) of SARFAESI Act, 2002 dated 16.07.2021 to clear

// 2 // up the loan dues within stipulated period. The Petitioner in this Writ Petition vide WP(C) No. 22260 of 2021 prayed before this court to withdraw the guarantee of the petitioner and return the mortgage documents. Also, a prayer was made to ask the Bank authorities to settle the loan via OTS or through LokAdalat.

5. At the time of Argument, counsel for the Petitioner requested to withdraw the Writ Petition.

6. In view of the above request, the Writ Petition numbered WP(C) No.22260 of 2021 stands disposed of as withdrawn.

(Jaswant Singh) Judge (M. S. Raman) Judge February 21st 2022 Cuttack AKPradhan