Swarnalata Sarangi v. Ao,Bank Of Baroda,Sambalpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.40786 of 2021 Swarnalata Sarangi and Others ... Petitioners Mr. Purna Chandra Behera, Proxy Counsel on behalf of Mr. Debendra Nath Misra, Advocate -versusThe Authorized Officer, Bank of Baroda, Regional Office, Sambalpur and Others .... Opp. Parties Mr. K.M.H Niamati, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 29.06.2022 Order No.

02.

1.

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

2.

The three petitioners claim themselves to be the LRs of late Suresh Chandra Sarangi, who had stood as a guarantor and mortgaged the sole homestead residential property towards securing a loan availed by M/s. S.B. Motors/Opposite Party No.3 from Bank of Baroda, Angul Branch, Anlapada, District-Angul. 3.

It transpires that on account of default in payment of installments by the borrower/Opposite Party No.3, recovery process under the SARFAESI Act, 2002 was initiated leading to the issuance of

// 2 // Demand Notice as also assuming symbolic possession of the residential property.

4.

By filing the present writ petition, the only prayer made is for directing the Bank authorities to provide all the loan documents including photocopies of the mortgaged documents pertaining to the loan account of Opposite Party No.3 within a specified period of time to enable the petitioners to know about their liabilities.

5.

At the time of hearing, Mr. Niamati states that in case either of the petitioner appears before the Manager of the Bank concerned on any working day in the week commencing 4th July,2022, he shall be supplied photocopies of all the documents subject to payment of costs incurred for doing the same. 6.

In view of the aforesaid assurance, learned counsel for the petitioners concedes that nothing more survives for adjudication.

7.

In view of the aforesaid stand of the Bank, the Writ Petition is disposed of as infructuous.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 29th June, 2022 Cuttack