Smitarani Pradhan v. Orissa Statae Financial Corporation,Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31018 of 2021 Smitarani Pradhan and Others .... Petitioners Mr. S. Roy, Advocate -versusOrissa State Financial Corporation, Cuttack and Others .... Opp. Parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 26.07.2022 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2. The five Petitioners are the LRs of late Bimala Pradhan who had stood as a guarantor for a Term Loan of Rs.6,03,000/- availed by Uma Sankar Sahu (Opposite Party No.4) for purchase of an Ashok Leyland Bus bearing registration No.OR-15-C-0197 from the Orissa State Financial Corporation, Cuttack on 1st October, 1996. Due to non-payment of installments, the recovery process under the State Financial Corporation Act was initiated against one of the mortgaged properties, apart from the hypothecated aforesaid vehicle being sold in auction on 29th November, 2006 for a sum of Rs.1,35,000/-.

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3. By filing the present Writ Petition, challenge has been laid to a memo dated 11th August, 2021 (Annexure-7) issued by the Orissa State Financial Corporation informing the Petitioners of the outstanding liability as also availability of a liberal One Time Settlement Scheme, OTS-11, for the Petitioners to avail the benefits.

4. At the time of hearing realizing that a challenge to such a memo would not be maintainable, learned counsel for the Petitioners prays for permission to withdraw the Writ Petition to enable his clients to seek their remedy in accordance with law.

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 In view of the above, the Writ Petition is dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 26th July, 2022 Cuttack