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Judgment
The matter is taken up through video conferencing.
Heard Mr. SN Sarma, learned senior counsel for the petitioner. Also heard Mr. S Borthakur, learned counsel appearing for the respondent Nos.3 and
4.
The petitioner had borrowed a loan from Canara Bank which was not repaid in time and subsequently, the account of the petitioner was declared as
Non Performing Assets (NPA) and thereafter, a proceeding was initiated by the Bank under the Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002.
At the stage of auction of the mortgaged property, a notice was given by the bank/secured creditor which has been challenged by the borrower before
this Court only on the technicality that fifteen days clear notice (notice dated 03.06.2021) is not there as the notice was received by him only on
06.06.2021 and the auction date was fixed on 19.06.2021. The matter was adjourned and fixed for today.
Today, Mr. S. Borthakur, learned counsel for the Bank submits that another notice dated 18.06.2021 has been issued and 06.07.2021 has been fixed
for auction.
Mr. S.N. Sarma, learned senior counsel for the petitioner appreciates this fact and is aware of the notice and states that because of the developments
which have now taken place, this writ petition itself has become infructuous and he may be permitted to withdraw this writ petition.
In view of the statement of Mr. S.N. Sarma, learned senior counsel for the petitioner, the writ petition is dismissed as infructuous.