IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.34528 of 2021

Ajit Kumar Pati

….

Petitioner

Mr. Abinash Rout, Advocate

-versus-

Bank of Inida & Another

….

Opp.Parties

Mr. Tuna Sahu, Advocate and

Mr. S. Mishra, Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH

JUSTICE M.S. RAMAN

Order No.

ORDER (Oral)

25.04.2022

07.

1.

This matter is taken up by virtual/physical mode.

2.

The Petitioner is the proprietor of M/s. Omm Shri Gopalji

Traders who had availed cash credit facility for a sum of Rs.20.00

lakhs from the Bank of India, Cuttack Branch on 1^st June 2016. Due

to financial indiscipline, the loan account was declared as NPA on

31^st January, 2019. A demand notice under section 13(2) of the

SARFAESI Act, 2002 was issued on 6^th August, 2020 recalling an

outstanding liability of Rs.21,10,046.40/- as on 20^th January, 2019.

The symbolic possession was assumed on 8^th September, 2021 by

issuance of notice under section 13(4) of the SARFAESI Act, 2002,

which is the subject matter of challenge in the preset writ petition.

3.

At t