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Orissa High CourtWP(C)/41381/2021disposed off

Lalita Mohan Sahu v. Ao, Sbi, Kalahandi

2022-02-14Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.41381 of 2021 ....

Petitioners Lalita Mohan Sahu, Kalahandi and another Mr. Prafulla Kumar Kar, Advocate -versusAuthorized Officer, State Bank of India Regional Business House, Bhawanipatna and Others ....

Opp. Parties Mr. P. V. Balakrishna, Advocate for the Bank

CORAM:

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

ORDER (Oral) 14.02.2022 02.

1. This matter is taken up by virtual/physical mode.

2. The Petitioner is a defaulting borrower of Cash Credit facilities, who availed a sum of ₹3 lakhs on 23.08.2017 from State Bank of India, Karlamunda, Kalahandi. Due to lack of financial discipline, the loan account has been declared NPA on 28.06.2018, the recovery process was initiated under the SARFAESI Act, 2002 and as of now symbolic possession has been taken on 13.01.2022.

3. At the time of arguments, counsel for the Bank submits that the Petitioner is entitled to the benefit of special OTS scheme dated 06.10.2021 upon deposit of 10% of the OTS amount at the time of submission of

// 2 // application, which the Petitioner is in the stage of depositing the required/full amount.

4. In response, counsel for the Petitioner submits that his client would submit the full amount in terms of the non-discretionary and non-discriminatory OTS policy so as to avail the benefit. Thus, he has no objection if the petition is disposed of to avail such a recourse.

5. In view of the above, the writ petition is disposed of with the direction that in case the Petitioner deposits the required amount in time, his case under the OTS shall be considered as expeditiously as possible. (Jaswant Singh) Judge (M. S. Raman) Judge February 14th 2022 Cuttack AKPradhan