Biswamitra Prusty v. Bank Of Baroda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30949 of 2020 Biswamitra Prusty & Others .... Petitioners Mr. Asish Mishra, Proxy Counsel on behalf of Mr. S. R. Mohanty, Advocate -versusBank of Baroda, Zonal Stressed Asset Recovery Branch, CDA, Near Markat Nagar, Cuttak and Another .... Opp. Parties Mr. G. D. Kar, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 15.09.2022 W.P.(C) No.30949 of 2020 & I. A. No.12582 of 2022 Order No.

03.

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

The seven petitioners, being family members had made a joint successful bid in the e-auction held on 24th December, 2019 of a residential property put to auction for recovery of outstanding liabilities of the defaulting borrowers i.e. M/s. Anukul Bhandar, a partnership firm.

2.

The Bank however in spite of issuing the Sale Certificate in favour of the petitioners, was unable to handover the actual physical possession of the purchased secured asset. Hence the present Writ Petition has been filed seeking a direction for refund of the sale price along with interest at the rate of 12%.

// 2 // 3.

At the outset, learned counsel for the petitioners prays for permission to withdraw the Writ Petition in view of a settlement arrived at between the petitioners and the Bank.

4.

In view of the above, the Writ Petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M.S. Raman) Judge Sipun 15th September, 2022 Cuttack