JUDGMENT

1. The petitioner is a defaulting loanee facing recovery process under the SARFAESI Act, 2002 for an outstanding liability of around Rs.40 Lakhs together with future interest, charges and expenses. The petitioner is stated to have filed a Securitization Application bearing No.20/2021 assailing the Sale Notice dated 17.11.2021 before the DRT, Cuttack intimating the auction sale of the mortgaged property (offered as a collateral security).

2. The prayer in the present Writ Petition is reproduced below:

'It is therefore, prayed that your Lordships may graciously be pleased to admit the writ petition, call for the records, issue Rule NISI in the nature of Writ of Certiorari/Mandamus calling upon the Opp. Parties, to show cause as to why the Opp. Party Bank shall not be directed not to proceed for taking over possession of the mortgaged properties without intimating the details of the auction sale, if any, and the decision taken on the proposal of the petitioner dated 17.06.2022 vide Annexure-9;

And in the event the Opp. Parties fail to show cause or show insufficient cause, the said Rule be made absolute, Opp. Parties Bank be directed to not to proceed for taking over poss