High CourtsDivision Bench(2023) 01 OHC CK 0068

Ramesh Chandra Meher vs Authorised Officer, Utkal Grameen Bank, Stressed Assets Recovery Branch, Dhanupali, DistrictSambalpur & Another

Orissa High Court · Decided on 16 January 2023

HON’BLE JUDGES
Jaswant Singh J · M. S. Sahoo, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.28673 Of 2022

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Judgment

5 paragraphs · 171 words
1.

The petitioner is the defaulting borrower in a loan account with an outstanding liability to the tune of Rs.84,82,856/- due as on 02.11.2022 along with further interest and legal expenses. The recovery process initiated under the SARFAESI Act, 2022 by the Secured Creditor/Utkal Grameen Bank has reached the stage of taking over of actual physical possession in compliance of the order dated 20.08.2022 passed by the Collector & District Magistrate, Jharsuguda directing the providing of official assistance to take physical possession.

2.

The challenge in the present writ petition is to the notice dated 18.10.2022 (Annexure-3 series) requesting the petitioner to hand over physical delivery of possession of the secured assets before seeking police help.

3.

At the time of hearing, learned counsel for the petitioner prays for permission to withdraw the writ petition to enable the petitioner to seek his available remedies, if any, before the DRT in accordance with law.

4.

In view of the above, the writ petition is dismissed as withdrawn with the aforesaid liberty.

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