Pramila Rout v. Bm,Punjab National Bank,Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.38994 of 2021 Pramila Rout ....

Petitioner None -versusBranch Manager, Punjab National Bank, Bapuji Nagar Branch, Bhuaneswar and others ....

Opp. Parties Mr. Gurudutta Kar, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.

ORDER (Oral) 08.04.2022 05.

1.

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

On the previous date of hearing on 22nd March, 2022, the following order was passed:

"2.

Mr. Ranjan Kumar Behera, proxy counsel on behalf of Mr. H.N.Tripathy, counsel for the Petitioner prays for another adjournment due to non-availability of the arguing counsel for the Petitioner.

3.

Mr. Kar, counsel appearing for the Bank submits that the sale certificate in favour of the successful auction purchaser already stands issued on 4th January, 2020. However, the order dated 1st December, 2021 passed by the D.M., Khurda under Section 14 of the SARFAESI Act, 2002 for taking physical possession is not being implemented on account of pendency of the present writ petition, which is being adjourned time and again.

4.

Last opportunity is granted to the counsel for the Petitioner to argue the case.

5.

List on 8th April, 2022.

6.

It is clarified that mere pendency of the present writ petition does not constitute any lawful obstruction for enforcing the order dated 1st December, 2021 passed by the D.M., Khurda."

3.

At the time of hearing today, none has put in an appearance on behalf of the Petitioner.

// 2 // 4.

It appears that the Petitioner is not interested in pursuing this writ petition. Accordingly, this writ petition is dismissed for non-prosecution.

(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna April 8th, 2022 Cuttack