High CourtsDivision Bench(2022) 05 OHC CK 0046

Senior Branch Manager, Canara Bank And Another vs Chitta Ranjan Bastia

Orissa High Court · Decided on 10 May 2022

HON’BLE JUDGES
Jaswant Singh, J · M.S. Raman, J
CASE NUMBER
Writ Appeal No.618 Of 2022

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Judgment

7 paragraphs · 174 words

I.A. No.1557 of 2022 & W.A. No.618 of 2022

1.

This matter is taken up by virtual/physical mode.

2.

It is contended that in none of the relied upon documents/letters of the Bank, the OTS proposal offered by the defaulting borrower was ever accepted. It is further contended that in fact there is no OTS policy relating to Home Loan accounts. Thus, the learned Single Judge has totally misread the documents to arrive at a finding that there was a sanction OTS amount of ₹22.50 lakhs, which upon payment resulted into liquidating the account. It is lastly submitted that as on today another sum of ₹22.44 lakhs is outstanding against the Respondent borrower.

3.

Issue notice to the Respondent by registered post/speed post with A.D., making it returnable by 18.07.2022. Requisites for issuance of notice to the Respondent shall be filed within three working days.

4.

In the meanwhile the operation of the impugned order dated 11.04.2022 passed learned Single Judge in W.P.(C) No.31219 of 2021 shall remain stayed.

5.

List on 18.07.2022.

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