Prasant Kumar Nanda vs Recovery Officer
2022 Latest Caselaw 4232 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     W.P.(C) No.13033 of 2022

       Prasant Kumar Nanda                      ....    Petitioner

                     Mr. Subash Chandra Satapathy, Advocate
                              -versus-
       Recovery Officer, Debts
       Recovery Tribunal, Cuttack
       & Another                                ....   Opp. Parties
                       Mr. B. N. Udgata, Advocate for the Bank

                        CORAM:
                        JUSTICE JASWANT SINGH
                        JUSTICE M.S. RAMAN

                               ORDER (Oral)

25.08.2022

Order No.

03. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Petitioner is the Judgment Debtor in an O.A. filed by the Bank for recovery of the outstanding liabilities to the tune of Rs.17,46,345/- along with interest.

3. By filing the present Writ Petition, challenge has been laid to an order dated 29th March, 2022 passed by the Recovery Officer, DRT, Cuttack.

4. At the threshold, Mr. Udgata, learned counsel for the UCO Bank/Certificate Decree Holder raises the objection of maintainability of the Writ Petition in the light of the alternative remedy of appeal before the // 2 //

DRT in terms of Section 30 of the Recovery of Debts and Bankruptcy Act, 1993.

5. Faced with the aforesaid situation, learned counsel for the petitioner prays for permission to withdraw the Writ Petition to enable his client to seek his available remedy in accordance with law.

6. The Writ Petition is accordingly dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge

(M. S. Raman) Judge AKK 25th August, 2022 Cuttack