Orissa High Court
M/S. Indravati Motors & vs Collector And District .... Opposite ... on 1 March, 2024
Bench: D.Dash, V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3525 of 2024
M/s. Indravati Motors & .... Petitioners
Others
Mr. Mihir Sahoo, Advocate
-versus-
Collector and District .... Opposite Parties
Magistrate, Bargarh & Mr. S. N. Das, ASC
Others
CORAM:
MR. JUSTICE D.DASH
MR. JUSTICE V. NARASINGH Order ORDER No. 01.03.2024
01. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.
2. The Petitioners, by filing this writ petition, have prayed for quashing the proceeding under section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which is pending before the Opposite Party No.1 in Misc. Case No.26 of 2023.
3. Learned Counsel for the Petitioners without touching upon the merit of the order, at the outset, submits that these Petitioners are ready and willing to clear the outstanding loan dues of the Opposite Party-Bank within a reasonable period in suitable installments. He further submits that the non-payment of the dues of the Bank in time was not deliberate or intentional and it was because of the unavoidable circumstance that the Page 1 of 2 // 2 // Petitioner No.2 faced, wherein his left foot had to be amputed. He, therefore, submits that when the auction of the property in question attempted at the first instance has failed and as per his instruction, no further process in that regard has been taken up, as yet, the Opposite Party-Bank may accept the proposal for settlement as aforesaid.
4. Taking into account the submissions as above, we direct that notice be issued to the Opposite Party Nos.2 to 5 by Speed Post with A.D. Steps be taken in course of the day. In that event, notice be issued fixing short returnable date.
Learned Additional Standing Counsel accepts notice on behalf of Opposite Party No.1.
5. List this matter on 14.03.2024.
Issue urgent certified copy as per rules.
(D.Dash) Judge (V. Narasingh) Judge Signature Not Verified Gitanjali Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 05-Mar-2024 16:56:38 Page 2 of 2