High CourtsDivision Bench(2022) 12 OHC CK 0127

Sanjukta Mohanty & Another vs Branch Manager, REPCO Home Finance Ltd. Cuttack

Orissa High Court · Decided on 13 December 2022

HON’BLE JUDGES
Jaswant Singh J · M.S. Sahoo, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.21755 Of 2022

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 166 words
1.

Petitioner No.1 is a defaulting borrower in a house building loan availed for a sum of Rs.6,00,000/- (Rupees six lakhs) from REPCO Home Finance Ltd., Cuttack on 20th May, 2016. Due to non-deposit of the instalments, the loan account was classified as NPA on 2nd May, 2017 and a Demand Notice under Section 13(2) of the SARFAESI Act, 2002 has been issued on 20th September, 2021 recalling the outstanding liability of Rs.7,00,000/- (Rupees seven lakhs).

2.

The challenge raised in the instant Writ Petition is to the aforesaid Demand Notice (Annexure-1); with a further prayer for directing the Bank to settle the loan account under an OTS scheme without however referring to any prevailing scheme.

3.

At the outset, learned counsel for the petitioner prays for permission to withdraw the present Writ Petition to enable the petitioner to pursue her available remedies before the Finance Company.

4.

In view of the above, the present Writ Petition is dismissed as withdrawn with the aforesaid liberty..

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