Pradeep Kumar Das v. Collector Cum Dm, Khurda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C). No.37730 of 2021 Pradeep Kumar Das ....

Petitioner Mr. Tuna Sahu, Advocate and Mr. S.K. Mishra, Advocate -versusCollector-cum-District Magistrate, Khurda & Others ....

Opposite Parties Mr. Anupam Rath, ASC

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 09.05.2022 Order No.

04.

1.

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

The defaulting borrower has filed the present writ assailing the recovery process initiated under the SARFAESI Act by secured creditor/Bank including the order dated 6th September, 2021 passed by the Collector-cum-District Magistrate, Khurda providing for official assistance to take actual physical possession of the mortgaged property. An SA No.134 of 2021 seeking similar relief already stands filed by the Petitioner before the DRT, Cuttack. However, due to non-availability of the Presiding Officer, the present writ has been filed.

3.

At the time of hearing realizing that the DRT, Cuttack is fully functional upon availability of the Presiding Officer, counsel for the Petitioner prays for permission to withdraw the present writ

// 2 // petition to enable the Petitioner to pursue his remedy in pending SA before the DRT, Cuttack.

4.

In view of the above, the writ petition is disposed of with the aforesaid liberty.

(Jaswant Singh) Judge (M.S. Raman) Judge Aks May 9, 2022 Cuttack