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Ranjan Kumar Das vs Branch Manager, UCO Bank, Balitutha, District Jagatsinghpur

Orissa High Court · Decided on 19 January 2023 · Citation: (2023) 01 OHC CK 0093

HON’BLE JUDGES
Jaswant Singh J · M. S. Sahoo, J
ACTS & SECTIONS REFERRED
Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 — Section 13(2)
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 34875 Of 2022
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Judgment

7 paragraphs · 243 words
1.

The petitioner as a defaulting borrower in a Cash Credit Loan availed for a sum of Rs.3,00,000/- from UCO Bank, Balitutha Branch, District-Jagatsinghpur and also a Term Loan availed for a sum of Rs.2,02,000/- on 22.05.2007 and 26.09.2011 respectively. Both the loan accounts were classified as NPA on 31.03.2014 due to non-servicing of the account/non-deposit of the installments. A Demand Notice was issued under Section 13(2) of the SARFAESI Act, 2002 on 13.07.2022 and thereafter symbolic possession of the mortgaged property offered as a collateral security was assumed on 18.11.2022.

The petitioner claims to have deposited a sum of Rs.80,000/- in the Cash Credit Loan account and Rs.4,20,000/- in the Term Loan account on 21.11.2022.

2.

The challenge in the present writ petition is laid to the aforesaid Demand Notice and the Possession Notice simply on the ground that the amounts have not been properly calculated.

3.

The prayer at the time of hearing on 09.01.2023 was however limited for direction to the UCO Bank to provide the Bank statement along with details of amount due and the outstanding liabilities in both the accounts.

4.

At the time of hearing today, learned counsel for the Bank has filed an affidavit along with a copy of the statement thereby redressing the grievance of the petitioner so as to know as to how much he has to pay upon proper calculation.

5.

In view of the above, the writ petition is disposed of.

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