IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8953 of 2020

Sukadev Swain

….

Petitioner

Mr. Akshaya Kumar Mohapatra, Advocate

-versus-

The Branch Manager, Union

Bank of India, Paradeep

Branch, Dist-Jagatsinghpur

….

Opp.Party

None

CORAM:

JUSTICE JASWANT SINGH

JUSTICE M.S. RAMAN

Order No.

ORDER (Oral)

05.08.2022

04.

1. This matter is taken up through virtual/physical

mode.

2.

The petitioner is a defaulting borrower of a Cash

Credit facility availed in the year 2012 for an amount

of Rs.5,10,000/- from Union Bank of India, Paradeep

Branch. To secure the loan, a Fixed Deposit

Certificate of the son of the petitioner was offered as

a collateral security. Due to financial indiscipline, the

loan account was declared NPA and recovery process

initiated under the SARFAESI Act, 2002 by issuance

of a Demand Notice recalling the outstanding liability

of Rs.9,51,977/-.

3. By filing the present writ petition, a direction has

been sought for settling the loan amount through an

// 2 //

Page 2 of 2

OTS or any Waiver Scheme for at least exempting the

payment

of

the

interest

component.

Further

challenge has been laid to a communication dated 7^th

February, 2020 (Annexure-4) whereby the Bank has

informed the petitioner that there is no OTS or any

Waiver Scheme available. Be that as it may, keeping

in view the nature of the relief being claimed, we are

not inclined to invoke our writ jurisdiction.

4.

Accordingly

the

writ

petition

is

dismissed

relegating the petitioner to seek his available remedy

in accordance with law.

(Jaswant Singh)

Judge

(M. S. Raman)

Judge

AKK

5^th August, 2022

Cuttack