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High CourtsDivision Bench(2021) 12 OHC CK 0103

Gaudia Oram And Others vs State Bank Of India And Another

Orissa High Court · Decided on 14 December 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · A. K. Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 78 Of 2012

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Judgment

8 paragraphs · 371 words
1.

The Petitioners have approached this Court with a prayer that the vehicle of the Petitioners which was seized by the Opposite Party (State Bank of India) should be released to them and that the outstanding dues should be settled through One Time Settlement (OTS).

2.

As noted in the order dated 12th May, 2014 the vehicle in question was already sold by the Bank on 12th February, 2011. However, the sale proceeds had been credited to the loan account on 13th February, 2012. The Court then directed the Bank to present a calculation on the next date indicating how much amount the Petitioners still owed to the Bank after adjusting the sale proceeds. Further it was directed that subject to the Petitioners depositing a sum of Rs.50,000/- with the Bank before the next date, no coercive action will be taken against the Petitioners.

3.

The case was asked to be listed on 14th July, 2014. It was somehow not listed on that day. They attempts made thereafter to settle the dispute through Lok Adalat were not successful.

4.

Although a counter affidavit has been filed on behalf of the Bank, none appears today on its behalf. In the said counter affidavit, inter alia it has been mentioned that for recovery of the outstanding dues from the present Petitioners, the Bank has filed C.S. No. 97 of 2011 before the Civil Judge (Senior Division), Sundargarh.

5.

In that view of the matter, it will be open to the Petitioners to participate in the said civil suit by filing an appropriate application asking for determination of the exact amount alleged to be due to the Bank by the Petitioners. The interim order passed by this Court

12 th May, 2014 is extended till the date on which the Civil Court passes an appropriate order on the application filed by the Petitioners. However, the extension of the interim order will be subject to the Petitioners filing an application on or before 7th February, 2022. In other words, if the Petitioners do not file such an application by the said date, the interim order passed by this Court will cease to operate.

6.

The writ petition is disposed of in the above terms.

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