Kalipada Badi vs State Bank Of India And
2022 Latest Caselaw 2515 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No.4780 of 2013

             Kalipada Badi                      ....      Petitioner
                             Mr. Prasanta Kumar Satpathy, Advocate
                                     -versus-
             State Bank of India and
             another                            ....      Opp. Parties
                                                                None
                        CORAM:
                        JUSTICE JASWANT SINGH
                        JUSTICE M.S. RAMAN

                                    ORDER (ORAL)

Order No. 09.05.2022

04. 1. This matter is taken up by virtual/physical mode.

2. Petitioner is the principal borrower who had defaulted in servicing the cash credit loan account availed from State Bank of India, Baripada Branch, Mayurbhanj for a sum of ₹15 lakhs in September, 2006. Dillip Kumar Das/Proforma- Opposite Party No.2 had stood as a guarantor. Since there was consistent default, the Bank filed Original Application No.328 of 2009 before the DRT, Cuttack. Upon notices to the Defendants i.e. Petitioner and Opposite Party No.2 herein, they stayed away from joining the proceedings leading to an order dated 22.03.2010 whereby they were to be proceeded ex parte. The proceedings culminated into passing the impugned ex pate judgment dated 30.04.2010 ordering the recovery of a sum of ₹20,27,568.59 along with interest in favour of the Bank and against the borrower and the guarantor.

3. It is the aforesaid ex parte order and the ex parte judgment dated 30.04.2010 has been challenged before this Court instead of approaching the appellate forum.

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4. The record shows that there was no interim order of staying the execution of the impugned judgment.

5. At the time of hearing, learned counsel for the Petitioner states that in spite of repeated intimations, the Petitioner has not responded and provided any instructions.

6. In view of the above, the writ petition is dismissed for non-prosecution.

(Jaswant Singh) Judge

(M.S. Raman) Judge

May 9th, 2022 Cuttack AKK