Pravat Nalini Sahoo vs The Chief Manager
2023 Latest Caselaw 1119 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.(C) No.36710 of 2020

            Pravat Nalini Sahoo            ....      Petitioner
                             Mr. Trilochan Panigrahi, Advocate

                                -versus-
            The Chief Manager, State
            Bank of India, Main Branch,
            Puri & Another                   ....     Opp. Parties
                                                           None

                        CORAM:
                        JUSTICE JASWANT SINGH
                        JUSTICE M.S. SAHOO

                                   ORDER (Oral)

01.02.2023 Order No. (Hybrid Mode)

03. 1. Petitioner is the widow of a defaulting loanee in a Housing Loan availed for a sum of Rs.1 Lakh from State Bank of India, Main Branch, Puri facing recovery process under the SARFAESI Act, 2002, being the successor-in-interest of the defaulting loanee.

2. The prayer made in the present writ petition is for directing the Bank to settle the account under the OTS Scheme, although no reference to any prevailing OTS Scheme has been made, much less copy annexed.

3. At the time of hearing, realizing that no positive direction can be issued by the Court to the Bank to settle the account de hors the policy in view // 2 //

of a recent Judgment of the Hon'ble Supreme Court in Bijnor Urban Cooperative Bank Limited, Bijnor and others Vrs. Meenal Agarwal and others, AIR 2022 SC 56, learned counsel for the petitioner prays for permission to withdraw the writ petition to enable his client to approach the Bank for amicable settlement under the prevailing policy, if any.

4. In view of the above, the writ petition is dismissed as withdrawn with the aforesaid liberty.

It is hoped that the Bank would take a sympathetic view of the plight of a poor widow.

(Jaswant Singh) Judge

(M.S. Sahoo) Judge

AKK 1st February, 2023 Cuttack