Arun Kumar Jena v. Debt. Recovery Tribunal,Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C) No. 33181 of 2021 Arun Kumar Jena ....

Petitioner Mr. S. Panda, Advocate Miss. Ayushi Meheta, Advocate -versusDebt Recovery Tribunal, Cuttack & Others ....

Opposite Parties Mr. Anshuram Mishra, Advocate (for Bank)

CORAM:

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

ORDER (Oral) 16.02.2022 02.

1.

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

The Petitioner is the defaulting borrower against whom recovery process was initiated under the SARFAESI Act 2002 for recovering the outstanding amount. The recovery process is at the stage of auction of the mortgaged property and issuance of sale certificate dated 21st February, 2020 in favour of the auction purchaser.

3.

The prayer in the present petition is for grant of three months time to remove the household articles from the mortgaged house before actual possession was taken.

P.T.O.

// 2 // 4.

At the time of hearing of Miss. Ayushi Mehta, proxy counsel stated that Mr. S. Panda, Advocate filed the memo dated 14th February, 2022 seeking an unconditional withdrawal as the prayer has become infructous. On the same line, the submission has been made by the counsel.

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

(Jaswant Singh) Judge (M.S.Raman) Judge Laxmikant February 16th, 2022 Cuttack