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Orissa High CourtWP(C)/31990/2022disposed off

Kalpita Dash v. The Bm, Can Fin Homes Ltd., Bbsr

2022-12-23Dr. Justice B.R.Sarangi,Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.31990 of 2022 Kalpita Dash .....

Petitioner Mr. G.K. Acharya, Advocate Vs.

The Branch Manager, CAN Fin Homes Ltd., BBSR & Another .....

Opposite Parties

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

23.12.2022 Order This matter is taken up through hybrid mode.

No.

1.

2.

Heard learned counsel for the parties.

3.

The present Writ Petition has been filed with the following prayer:- " In view of the facts and circumstances stated above, it is, therefore, prayed that this Hon'ble Court may graciously be pleased to (i) To issue a writ of certiorari or any appropriate writ/writs by quashing the demand notice dated 01.09.2022 under Annexure-2 and possession notice dated 10.11.2022 under Annexure-6 issued by the opp. parties.

(ii) Further direct the opp. parties to ettle the loan account of the petitioner through OTS as per the RBI guidelines within a stipulated period.

(iii) Pass any other order or further orders as deemed just and proper.

(iv) And for this act of kindness, the petitoner

shall, as in duty bound, ever pray.

4.

In course of hearing, learned counsel for the Petitioner states that highlighting her grievances, the Petitioner has made a representation to Opposite Party No.1 vide Annexure-5 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

5.

As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.1 to consider the representation filed by the petitioner vide Annexure-5 and pass appropriate order in accordance with law within a period of four weeks from the date of production of certified copy of this order.

Issue urgent certified copy as per Rules.

(DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE Ashok/Sangita