Chilukuri Satyanarayan v. Indian Bank, Sambalpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.20639 of 2022 Chilukuri Satyanarayan .... Petitioner Mr. Upendra Kumar Samal, Advocate -versusIndian Bank, Zonal Office, Sambalpur & Others .... Opp. Parties None

CORAM:

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

ORDER (Oral) 16.09.2022 01.

This matter is taken up through virtual/physical mode.

1. The challenge by the petitioner-defaulting borrower is to the order dated 9th February, 2022 (Annexure-3), whereby it was ordered to provide official assistance for taking over actual physical possession on the application under Section 14 of the SARFAESI Act, 2002 (for short, "the Act, 2002") filed by the Secured Creditor/Bank. Further challenge is to the order dated 4th May, 2022 (Annexure-6), whereby the application moved by the petitioner seeking recalling of the aforesaid order on various grounds has been rejected.

2. At the time of hearing realizing that the proper remedy for challenging both the aforesaid orders would be an application under Section 17 of the Act, 2002, learned counsel for the petitioner prays

// 2 // permission to withdraw the present Writ Petition to enable his client to seek his remedy before the appropriate forum in accordance with law.

3. In view of the above, the Writ Petition is dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 16th September, 2022 Cuttack