Sanjukta Mohanty v. Branch Manager, Repco Home Fin. Ltd.,Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21755 of 2022 Sanjukta Mohanty & Another .... Petitioners Mr. Girija Sankar Mohanty, Advocate -versusBranch Manager, REPCO Home Finance Ltd. Cuttack .... Opp. Party

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 13.12.2022 (Hybrid Mode) Order No.

02.

1.

Petitioner No.1 is a defaulting borrower in a house building loan availed for a sum of Rs.6,00,000/- (Rupees six lakhs) from REPCO Home Finance Ltd., Cuttack on 20th May, 2016. Due to nondeposit of the instalments, the loan account was classified as NPA on 2nd May, 2017 and a Demand Notice under Section 13(2) of the SARFAESI Act, 2002 has been issued on 20th September, 2021 recalling the outstanding liability of Rs.7,00,000/- (Rupees seven lakhs).

2.

The challenge raised in the instant Writ Petition is to the aforesaid Demand Notice (Annexure-1); with a further prayer for directing the Bank to settle the loan account under an OTS scheme without however referring to any prevailing scheme.

// 2 // 3.

At the outset, learned counsel for the petitioner prays for permission to withdraw the present Writ Petition to enable the petitioner to pursue her available remedies before the Finance Company. 4.

In view of the above, the present Writ Petition is dismissed as withdrawn with the aforesaid liberty. (Jaswant Singh) Judge (M.S. Sahoo) Judge Sipun 13th December, 2022 Cuttack