Ranjan Kumar Pradhan vs Punjan National Bank And Others
2021 Latest Caselaw 8221 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.22388 of 2021

            Ranjan Kumar Pradhan                  ....            Petitioner
                                            Mr. P.K. Satapathy, Advocate.


                                   -versus-
            Punjan National Bank and others       ....     Opposite Parties

                                           Mr. M.K. Mohapatra, Advocate

                     CORAM:
                     JUSTICE S.K. MISHRA
                     JUSTICE SAVITRI RATHO


                                     ORDER

06.08.2021 Order No. W.P.(C) No.22388 of 2021 and I.A. No.10292 of 2021

2. 1. Both the matters are taken up through hybrid mode.

2. A copy of both the petitions be served on Mr. M.K. Mohapatra, learned counsel for the Bank.

3. Heard Mr. P.K. Satapathy, learned counsel for the petitioner and Mr. M.K. Mohapatra, learned counsel for the Bank.

4. The petitioner challenges the auction notice issued on 27.07.2021 in Annexure-1 by the opposite parties-Bank. The notice under Section 13(4) of the SARFAESI Act, 2002 has been issued on 16.07.2021 when the lockdown is in force and

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during continuance of the stay order of the Hon'ble Supreme Court and this Court in Suo Motu Cases.

5. We are very much aware of the judgment passed by the Hon'ble Supreme Court in Authorized Officer, State Bank of Travencore and another vs. K.C. Mathew, AIR 2018 SC. But, keeping in view the various factors like the shutdown of the entire nation, especially the State of Odisha, which severely affected business of the State as well as the industrial activity due to COVID-19 pandemic, which prevented people from running usual business and the fact that the Hon'ble Supreme Court in in Suo Motu Writ Petition (Civil) No.3 of 2020 (In Re: Cognizance for Extension of Limitation) gave certain directions regarding stay of seizure, eviction etc of property, which was adopted by this Court in Writ Petition (Civil) No.15941 of 2021, we are inclined to grant stay order.

6. Let the petitioner deposit a sum of Rs.5,00,000/- before the Bank in two installments. Let him deposit Rs.2,50,000/- (Rupees two lakhs Fifty thousand) before the Bank on or before 12.08.2021 and Rs.2,50,000/-(Rupees two lakhs Fifty thousand) within one week thereafter. On the event of deposit of 1st installment, auction with regard to properties in question may continue pursuant to notice in Annexure-1, but no final decision shall be taken or 3rd party interest shall be created till the next date.

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6. List this matter on 09.09.2021 in the fresh admission category. Counter affidavit, if any, be filed by the Bank in the meantime.

7. Urgent certified copy of this order be granted as per rules.

(S.K. Mishra ) Judge

(Savitri Ratho ) Judge