Basanti Behera v. Principal Secy., To Govt. Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 31145 OF 2022 Basanti Behera ....

Petitioner Mr. B. K. Rath, Advocate -versusPrincipal Secretary to Government of Orissa and others ....

Opp. Parties Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

07.12.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks for a direction to the Secretary, Erein Service Co-operative Societies, Erein, Bhadrak-Opposite Party No.6 to waive the interest and to allow the Petitioner to repay the loan with easy instalments. 3.

It is submitted by Mr. Rath, learned counsel that the Petitioner has incurred a loan from Opposite Party No.6. Due to non-functioning of Opposite Party No.6, she could not deposit the EMIs in time. As such, the interest has accrued on such unpaid loan amount. After direction of this Court in W.P.(C) No.2690 of 2021, the Society has become functional. Since the Petitioner could not repay the loan dues due to nonfunctional of Opposite Party No.6, she is entitled to waiver of the interest. Hence, this writ petition has been filed for the aforesaid relief. 4.

In course of hearing, Mr. Rath, learned counsel submits that the Petitioner has a remedy under Section 68 of the Odisha

// 2 // Co-operative Societies Act, 1962 for redressal of her grievance. Hence, he prays for withdrawal of the writ petition. 5.

In view of such submission, this writ petition is disposed of as withdrawn.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms