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2023 Supreme(Ori) 148
IN THE HIGH COURT OF ORISSA AT CUTTACK
Jaswant Singh, M. S. Sahoo, JJ.
Prasanta Kumar Sahoo – Appellant
Versus
Authorized Officer Cum Regional Manager, Canara Bank, Bhubaneswar, Unit4, Khurda & Ors. – Respondents
Writ Petition (C) No. 9236 of 2022
Decided On : 17-01-2023
B. N. Udgata, Advocate
Failure to rebut the factual situation presented by the opposing party can lead to the disposal of a petition as infructuous.
Headnote:
Guarantor - Cash Credit Facility - Disposal of Writ Petition as Infructuous
Fact of the Case:
The guarantor in a Cash Credit Facility challenged the notice assuming symbolic possession of the immovable property offered as collateral security for a loan, but the property had already been auctioned and a sale certificate issued.
Finding of the Court:
The court found that the property had been successfully auctioned and a sale certificate issued, rendering the Writ Petition infructuous due to the petitioner's failure to rebut the factual situation.
Issues: The main issue was the challenge to the notice assuming symbolic possession of the property offered as collateral security.
Ratio Decidendi: The court disposed of the Writ Petition as infructuous due to the petitioner's failure to rebut the factual situation presented by the bank's counsel.
Final Decision: The Writ Petition was disposed of as infructuous in light of the stand of the learned counsel for the Bank.
JUDGMENT
1. None has put in appearance on behalf of the petitioner.
2. The guarantor in a Cash Credit Facility availed by M/s. Sai Garments, a proprietorship concern of Dusmanta Kumar Sahoo is before this Court challenging the notice dated 16.11.2021, whereby symbolic possession of the immovable property (owned by the petitioner and offered as a collateral security for a loan of Rs.25 Lakhs on 1st December, 2016) has been assumed.
3. This is the third consecutive dates when none has put in appearance on behalf of the petitioner.
4. Learned counsel for the Bank submits that much prior to the filing of the present petition on 11.04.2022, the mortgaged property stood successfully auctioned in favour of one Birendra Kumar Saha in the e-auction conducted on 15.01.2022 and upon deposit of sale price of Rs.43,33,000.00/- sale certificate dated 14.02.2022 also stands issued. Hence, the present Writ Petition has been rendered infructuous.
5. In view of the fact that none has put in appearance on behalf of the petitioner to rebut the aforesaid factual situation, we dispose of the present Writ Petition as infructuous in light of the stand of the learned counsel for the Bank.
