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Judgment
This matter is taken up through virtual/physical mode.
Petitioner was a defaulting borrower, whose loan account has since been closed upon deposit of the required amounts as per the sanctioned OTS Scheme. In the present writ petition, filed earlier to the other writ petitions seeking a direction for settlement under the OTS Scheme, the prayer is as follows:-
“It is, therefore most humbly prayed that this Hon’ble Court may graciously be pleased to admit this writ petition, issue rule nisi calling upon the Opposite Parties to show cause as to;
(A) Why the Opposite Parties/Bank Authorities shall not be directed to immediately restore the damaged/vandalized property/land/Building/ Boundary / Plant & Machineries of unit the Petitioner namely M/s. Bajrang Enterprisers to its original condition;
(B) Why the Opposite parties shall not take immediate legal steps to drive out the miscreant/ culprit, illegal encroacher namely Madan Mohan Mohapatra from the property/Unit of the petitioner;
(C) Why the exorbitant, arbitrary security charges charged/debited/ levied on the loan account of the Petitioner shall not be waived off as the Opposite Parties/Bank Authorities have miserably failed to protect the assets/unit/property of the Petitioner;
(D) Why the Opposite Parties/Bank Authorities shall not be directed to consider OTS only after the Authorities restore the damaged property/unit of the Petitioner to its original condition;
(E) Why the Opposite Parties shall not be restrained to take any coercive action against the Petitioner;
(F) Why such order/orders, direction/directions as this Hon’ble Court may deem fit and proper shall not be passed;
If the Opposite Parties fail to show cause or show insufficient cause the Hon’ble Court may be pleased to make the rule absolute;
And/pass any other order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case;
And for this act of kindness the Petitioner as in duty bound shall ever pray.”
In response, Mr. Kar states that the issues raised in the instant petition were suppressed, which is hotly contested, in the subsequent writ petitions filed by the petitioner seeking a direction for settlement; as also was not stressed upon at the time of finalizing the terms of the sanctioned OTS Scheme. That apart he has also referred to a joint affidavit dated 30.03.2021 of Rita Mohapatra and Durga Shankar Mohapatra, who happen to be the proprietors of M/s. Bajrang Enterprisers and her husband. In the said affidavit reference has been made to the admission of the physical possession having been restored to the proprietors. We are not inclined to go into the aforesaid disputed questions of fact and the relief claimed, for which the petitioner is free to seek it’s remedy in accordance with law before the appropriate forum.
In view of the above, the writ petition is dismissed with the aforesaid liberty.
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