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2023 DIGILAW 162 (ORI)

PSA Bricks, Jharsuguda v. Regional Manager, Bank of Baroda, Kalinganagar, Bhubaneswar, Districtkhurda

2023-02-02

JASWANT SINGH, M.S.SAHOO

body2023
JUDGMENT 1. Petitioner, a proprietorship concern of Mr. Dileswar Pradhan is facing recovery process under the SARFAESI Act, 2002 in respect of two loan accounts (a Cash Credit of Rs.2.70 Lakhs & a Term Loan of Rs.18.23 Lakhs), classified as NPAs on 27th August, 2018. 2. The prayer in the present Writ Petition is for a direction to the Bank to issue a NOC as well as return the title deeds in view of the petitioner having cleared the loan accounts since 20th November, 2021. 3. Mr. Niamati, learned counsel for the Bank appearing on advance notice submits that the present Writ Petition is not only misplaced but amounts to abuse of process of the Court. He submits that the outstanding liabilities in both the loan accounts have never been cleared by the petitioner, in fact he did not even comply with the order dated 6th September, 2019 passed by this Court in earlier W.P.(C) No.15722 of 2019 by deposit of initial money of Rs.5,49,000/- by November, 2019 so as to seek the regularization of the NPA accounts. He further submits that for the outstanding liabilities of more than Rs.21 Lakhs, the property was put to auction on 17th September, 2019 and the Sale Certificate stands issued in favour of the successful auction purchaser upon deposit of the auction price of Rs.23,90,000/- on 15.01.2020. He further points out that the petitioner had already filed an S.A. (Diary No.409 of 2021) before the DRT, Cuttack on 27th May, 2021 challenging the aforesaid proceedings. 4. At this stage, learned counsel for the petitioner prays for an unconditional withdrawal of the present Writ Petition. Accordingly, the present Writ Petition stands dismissed as withdrawn.