Sarita Agarwalla v. Bm, Union Bank Of India, Karanjia Branch

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.25107 of 2021 Sarita Agarwalla ....

Petitioner Mr. S.D. Das, Senior Advocate with Mr. H. Mohanty, Advocate -versusBranch Manager, Union Bank of India, (ECorporation Bank), Karanjia Branch, DistrictMayurbhanj and Others ....

Opp. Parties Mr. Sitanshu Kumar Dey, Advocate for the Bank

CORAM:

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

ORDER (ORAL) 21.04.2022 02.

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

2. Petitioner is the widow of defaulting borrower-Anil Kumar Agarwalla, who had defaulted in servicing the cash credit account for a sum of ₹90 lakhs availed in the year 2015/16 from the erstwhile Corporation Bank (now Union Bank of India), Karanjia Branch, Mayurbhanj. The loan account was classified as NPA on 31.07.2020 after the said Anil Kumar Agarwalla had died on 01.07.2019 leaving behind his legal heirs including the Petitioner-wife. The recovery proceedings under the SARFAESI Act, 2002 (in short "the Act, 2002") were initiated by issuance of a demand notice dated 10.08.2020 under Section 13(2) of the Act, 2002

// 2 // and symbolic possession of the secured assets (three mortgaged properties) was assumed vide notice dated 11.08.2021 under Section 13 (4) of the Act, 2002.

3. The widow (one of the legal heirs) of the defaulting borrower by filing the present writ petition has laid challenge to the aforesaid notice dated 11.08.2021 assuming possession.

4. Learned counsel for the Petitioner prays for permission to withdraw the writ petition because of certain subsequent developments.

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 In view of the above, the writ petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M.S. Raman) Judge April 21st 2022 Cuttack AKK