Bruhaspati Khamani v. State Bank Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.40002 of 2021 Bruhaspati Khamani ....

Petitioner Mr. S.S. Mishra, Advocate -versusState Bank of India & others ....

Opp. Parties Mr. Gurudutta Kar, Advocate for Bank

CORAM:

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

ORDER (Oral) 04.01.2022 02.

1. This matter is taken up through hybrid mode.

2. The defaulting borrower, in the present writ petition has challenged the order dated 1st December,2015 passed by the Collector-cum-District Magistrate, Baragarh whereby directions have been issued to Superintendent of Police, Bargarh/ Tahasildar, Bhatali, to provide official assistance for taking over actual physical possession of the collateral security, i.e., the mortgaged property.

3. At the outset, the learned counsel for the Bank points out that the petitioner has not complied with the orders passed by this Court on at least three occasions starting from 16th September,2013, by not depositing the amounts as ordered by this Court.

4. The learned counsel for the petitioner prays for permission to withdraw the writ petition to enable his

// 2 // client to seek his remedy before the appropriate forum in accordance with law.

5.

The writ petition is dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge (M.S. Sahoo) Judge January 4th 2022 Cuttack Gs/Radha