High CourtsDivision Bench(2022) 12 OHC CK 0112

M/s. Kalyani Ventures vs Branch Manager, Canara Bank, Bhubaneswar Main Branch, Kalpana Square, Bhubaneswar, DistrictKhordha & Another

Orissa High Court · Decided on 12 December 2022

HON’BLE JUDGES
Jaswant Singh J · M.S. Sahoo, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.33112 Of 2022

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 175 words
1.

Petitioner, a Partnership Firm, facing recovery process under the SARFAESI Act, 2002 has filed the present Writ Petition challenging the E-auction Sale Notice dated 09.11.2022 fixing the auction sale of the mortgaged immovable property on 12.12.2022, i.e., today.

2.

Mr. Udgata, learned counsel for the Canara Bank appearing on advance notice states that the present writ petition has become infructuous in view of no intending bidder having come forward to Petitioner, a Partnership Firm, facing recovery process under the SARFAESI Act, 2002 has filed the present Writ Petition challenging the E-auction Sale Notice dated 09.11.2022 fixing the auction sale of the mortgaged immovable property on 12.12.2022, i.e., today deposit the 10% EMD charges required for participation in the auction proceedings fixed for today.

3.

Learned counsel for the petitioner in view of the aforesaid stand of the Bank, through their counsel, and the willingness of the petitioner to clear the outstanding liabilities prays for permission to withdraw the writ petition.

4.

In view of the above, the writ petition is dismissed as withdrawn.

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