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Orissa High CourtWP(C)/40030/2021disposed off

Kamalakanta Mishra v. Ao, Uco Bank, Balasore

2022-06-24Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.40030 of 2021 Kamalakanta Mishra & Another ....

.... Petitioner Mr. Sudarsan Behera, proxy counsel on behalf of Mr. Achyutananda Pattnaik, Advocate -versusThe Authorized Officer, UCO Bank, Balasore & Another Opp. Parties Mr. Sunil Kumar Swain, Advocate for the Bank ....

CORAM:

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

ORDER (Oral) 24.06.2022 03.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

The petitioner no.1 is the sole proprietor of M/s. Manorama Homeo Hall who had availed a Cash Credit loan facility and a Housing loan from UCO Bank, Jagatasinghpur Main Branch, Jagatasinghpur, and to secure the two loans, petitioner no.2 had stood as a guarantor.

3.

By filing the present Writ Petition, both the defaulting borrower and the guarantor have laid challenge to the E-Auction sale notice published on 6th November, 2021 putting the secured asset to auction on 7th December, 2021 for recovery of the

// 2 // outstanding liabilities in both the accounts having been declared NPA.

4.

At the time of hearing, learned counsel for the petitioners prays for an unconditional withdrawal of the Writ Petition and has also filed a memo to that effect. The memo be kept on record.

5.

In view of the memo filed, the Writ Petition is dismissed as withdrawn.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK June 24th, 2022 Cuttack