Samarendra Parija v. Odisha Gramya Bank, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 35400 of 2021 Samarendra Parija & Others ....

Petitioner Mr. S.K. Dey, Advocate -versusOdisha Gramya Bank & Others ....

Opposite Parties Mr. Tuna Sahu, Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 22.09.2022 I.A. No. 10176 of 2022 Order No.

11.

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

The Petitioners have moved the aforesaid application seeking modification of the final order dated 30th June, 2022 inasmuch as the factum of the pendency of I.A. No. 16420 of 2021 and I.A. No. 1250 of 2022 in the writ petition and the consequent permission to raise the plea in the S.A. pending before the Tribunal has inadvertently been left out.

2.

After hearing of the counsel for the Petitioner, in the light of the prayers made in the aforesaid two applications, we find that no modification is required.

3.

The Petitioner in any case is free to seek the retrieval of the items which find mention in the inventory list prepared by the Bank at the time of taking actual physical possession of the secured asset with the official assistance pursuant to the order passed by the

// 2 // District Magistrate concerned on an application under Section 14 of the SARFAESI Act, 2002 moved by the Bank.

4.

Accordingly, the I.A. is disposed of.

(Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant September 22, 2022 Cuttack