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Orissa High CourtWP(C)/40674/2021disposed off

M/S Jay Maa Hingula Fly Ash Brick v. Odisha Gramya Bank, Bbsr

2022-02-09Mr. Justice Jaswant Singh,Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C ) No.40674 of 2021 M/s. Jay Maa Hingula Fly Ash Brick ....

Petitioner Mr. Samir Kumar Mishra, Advocate -versusOdisha Gramya Bank, Bhubaneswar & Another ....

Opposite Parties Mr. Sandeep Kumar Mishra, Advocate on behalf of Mr. Tuna Sahu, Advocate (for bank)

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO ORDER (Oral) 09.02.2022

2. 1. This matter is taken up through Hybrid Mode. Order No

2. Heard learned counsel for the parties.

3. The Petitioner, a proprietorship concern is a defaulting borrower of a cash credit loan facility availed to the tune of Rs.15,00,000/-(Rupees Fifteen Lakhs) from Odisha Gramya Bank, Talcher branch in the year 2016..

4. By filing the present Writ Petition, challenge has been laid to the Demand Notice dated 19th April, 2021 under Section 13(2) of the SARFAESI Act, 2002( in short, "The Act, 2002") and symbolic possession assumed on 10th August, 2021 under Section 13(4) of the Act, 2002.

5. At the time of hearing, learned counsel for the Petitioner prays for permission to withdraw the Writ Petition to enable his client to seek remedy before the appropriate forum in accordance with law.

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6. In view of the above, the Writ Petition is dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge ( M. S. Sahoo) Judge February 9th, 2022 Cuttack.

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