High CourtsDivision Bench(2022) 04 OHC CK 0160

Rajanikanta Sahani vs Authorized Officer, Union Bank of India, Regional Office, Cuttack & Others

Orissa High Court · Decided on 26 April 2022

HON’BLE JUDGES
Jaswant Singh, J · M.S. Raman, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 5249 Of 2022

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Judgment

6 paragraphs · 170 words
1.

This matter is taken up by virtual/physical  mode.

2.

The defaulting borrower has filed the present writ petition challenging the notice  dated 2nd February, 2022  (Annexure-1) issued by the Collector-cum-District Magistrate, Cuttack in respect of  thehearing  of  an  application  underSection  14  of  the Securitization  and  Reconstruction  of  Financial  Assets  and Enforcement of Security Interest Act, 2002(for short, ‘the Act, 2002’)filed by the secured creditor i.e., Union Bank of India for providing of official assistance for taking actual physical possession of the secured asset.

3.

Counsel for the Petitioner prays for permission to withdraw the present writ petition as the Petitioner has already filed a securitization application challenging the proceeding under Section 14 of the Act initiated by the Bank before the DRT, Cuttack. A withdrawal memo also stands filed at Flag-‘X’.

4.

In view of the above, the writ petition is dismissed as withdrawn with liberty to the Petitioner to pursue his remedy before the DRT, Cuttack in accordance with law.

Issue urgent certified copy as per rules.

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