Kalyani Ventures v. Branch Manager, Canara Bank, Bhubaneswar Main Branch, Kalpana Square, Bhubaneswar, Districtkhordha
2022-12-12
JASWANT SINGH, M.S.SAHOO
body2022
DigiLaw.ai
JUDGMENT 1. Petitioner, a Partnership Firm, facing recovery process under the SARFAESI Act, 2002 has filed the present Writ Petition challenging the E-auction Sale Notice dated 09.11.2022 fixing the auction sale of the mortgaged immovable property on 12.12.2022, i.e., today. 2. Mr. Udgata, learned counsel for the Canara Bank appearing on advance notice states that the present writ petition has become infructuous in view of no intending bidder having come forward to Petitioner, a Partnership Firm, facing recovery process under the SARFAESI Act, 2002 has filed the present Writ Petition challenging the E-auction Sale Notice dated 09.11.2022 fixing the auction sale of the mortgaged immovable property on 12.12.2022, i.e., today deposit the 10% EMD charges required for participation in the auction proceedings fixed for today. 3. Learned counsel for the petitioner in view of the aforesaid stand of the Bank, through their counsel, and the willingness of the petitioner to clear the outstanding liabilities prays for permission to withdraw the writ petition. 4. In view of the above, the writ petition is dismissed as withdrawn.