Priyabrata Kamal Krushna Nayak v. Chief Manager Cum Ao, Bank Of India, Keonjhar

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21215 of 2022 Priyabrata Kamal Krushna Nayak ....

Petitioner Mr. Partha Sarathi Das, Advocate -versusChief Manager-cum-Authorised Officer, Bank of India, Zonal Office, Keonjhar Zone, Kashipur & Others ....

Opposite Parties Mr. G.D. Kar, Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 26.08.2022 Order No.

02.

1.

This matter is taken up by virtual/physical mode. 2.

The Petitioner is one of the L.Rs of Smt. Meera Nayak, stated to have died on 9th December, 2020, who had stood as a guarantor for loan availed by M/s. Emerald Interior, proprietorship concern of the other L.R.-son and also M/s. OM Furnishing, proprietorship concern of the daughter-in-law-Smt. Sima Nayak. 3.

Due to both the accounts of the principal borrowers/ Opposite Party Nos.3 & 4 having been classified as NPA on 31st March, 2021, the recovery process initiated under the SARFAESI proceedings has reached to the stage of auction of the mortgaged residential house owned by the mother-Smt. Meera Nayak on 25th August, 2021.

4.

By way of the present petition, challenge has been made by the Petitioner-son to the aforesaid sale fixed for 25th August, 2022.

// 2 // At the time of hearing, Mr. G.D. Kar, counsel appearing on advance notice of the Bank states that the said auction has failed for want of any bidders. Hence, present writ petition has become infructuous.

5.

Counsel for the Petitioner prays for permission to withdraw the writ petition with liberty to approach the Bank for an amicable settlement under the prevailing regular OTS Policy, if any. 6.

Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty.

Issue urgent certified copy as per rules.

(Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant August 26, 2022 Cuttack