Anirban Nayak v. Authorized Officer-Cum-Chief Manager

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 28150 of 2019 Anirban Nayak ....

Petitioner Mr. Santosh Kumar Behera, Advocate -versus- ....

Opposite Parties Authorized Officer-cum-Chief Manager, Bank of Baroda, Phulnakhara Branch & Others None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 09.09.2022 Order No.

06.

1.

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

The Petitioner is proprietor of Shreeya Agencies who had availed cash credit facilities from Bank of Baroda, Phulnakhara Branch to the tune of Rs.20,00,000/- and a car loan to a sum of Rs.10,00,000/-. Due to financial indiscipline, the loan accounts were classified as NPA on 31st March, 2019 and a demand notice under Section 13(2) of the SARFAESI Act, 2002 was issued on 17th June, 2019, recalling an outstanding liability of around Rs.21,10,000/- due as on 31st May, 2019. Challenge in the present petition is laid to the aforesaid demand notice under Section 13(2) of the SARFAESI Act, 2002.

3.

At the time of hearing, realizing that the challenge to the aforesaid notice is not maintainable, Mr. Santosh Kumar Behera, Counsel for the petitioner filed a memo dated 9th September, 2022

// 2 // seeking permission to withdraw the writ petition. The memo is taken on record.

5.

In view of the above, the writ petition is dismissed as withdrawn with the liberty to seek appropriate remedy. (Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant September 09, 2022 Cuttack