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2021 Supreme(Ori) 514

S.MURALIDHAR, K.R.MOHAPATRA
Bm, Urban Co-operative Bank Ltd. , Cuttack – Appellant
Versus
Registrar, Debts Recovery Tribunal – Respondent


ORDER

Dr. S. Muralidhar, CJ. - This matter is taken up by video conferencing mode, in the Vacation Court.

2. The Urban Co-operative Bank Ltd., Cuttack has filed this writ petition challenging the order dated 9th April, 2019 passed by the Debts Recovery Tribunal, Cuttack (DRT) in M.A. No.705 of 2019.

3. The background facts are that the Petitioner Bank is stated to be a "Primary Co-operative Society" registered under the Orissa Co-operative Societies Act, 1962, which carries on the business of banking.

4. It is stated that one Sri Rajesh Das, Proprietor of M/s. Shree Shree Shree Jagannath Udyog had availed a cash credit limit of Rs.7,00,000/- from the Petitioner Bank through its Link Road Branch on 20th March, 2001. The said borrower provided security and mortgaged the land of his mother Smt. Bimala Kumari Mohanty. The said property was appertaining Sabik Revenue Village : Kusunpur, Sabik Khata No.926, Sabik Plot No.2580, Area : Ac 0.012 decimals, Sabik Plot No.2575, Area : Ac 0.028 decimals corresponding to Hal Revenue Village : Cuttack Town, Unit No.35 (Jhanirimangala), Hal Khata No.995, Hal Plot No.1633/2069, Area: Ac 0.036 decimals (hereafter 'the property in question'). The parent

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