Orissa High Court
M/S. Sankar Medical Store vs Ao on 31 January, 2023
Author: M.S.Sahoo
Bench: M.S.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 35039 of 2021
M/s. Sankar Medical Store, .... Petitioners
Baripada and another
Mr. Niranjan Lenka, Advocate
-versus-
AO, Canara Bank, Bhadrak .... Opp. Parties
and others
Mr. Firoz Ahmmed, Advocate
CORAM:
JUSTICE JASWANT SINGH
JUSTICE M.S.SAHOO
ORDER
Order No.9 31.01.2023
Hybrid Mode
1. The auction of the sole residential property of the petitioner at the reserved price of Rs.61 lakhs was fixed for 15th November, 2021 for liquidating an outstanding liability of around Rs.66,00,000/- (Rupees Sixty Six lakhs) as on 12.11.2021. The petitioner being ready and willing to deposit the entire amount order dated 12.11.2021 while issuing notice to the opposite parties-bank, the following order was passed :
I.A. No. 16303 of 2021"6. In the event, the petitioner depositing a sum of Rs.30,00,000/- (Rupees Thirty Lakhs) on or before 15th November, 2021, before the opposite parties- bank, the successful bid, if any, shall not be confirmed without the leave of this Court. I.A. is disposed of."
2. Again on 7.12.2021 following order was passed :
"2. The counsel for the Bank submits that a successful bidder has offered ₹65 lakhs on 15-November-2021 and deposited the 25% earnest money. He concedes that the Petitioners have deposited a sum of ₹30 lakhs in compliance of the previous order.
x x x
5. The Petitioners shall deposit another sum of ₹30 lakhs on or before 22-December-2022. The Bank shall furnish an affidavit regarding the computation of the total amount due from the Petitioners as on today."
3. Thereafter on 12.01.2022 following order was passed :
"3. Mr. Ahmed, learned counsel for the Bank by referring to an affidavit dated 20th December, 2021 of Divisional Manager, Canara Bank, Regional Office, Bhadrak, submits that the petitioners are required pay another sum of Rs.6,64,161/-, which has not yet been paid, although the sale notice reflects the figure to be much less.
x x x
5. The petitioners shall deposit another sum of Rs.6,64,161/- before 31st January, 2022 subject to final adjustments.
6. The bank official is directed to file another affidavit explaining the discrepancy in the figures of the amounts due, along with the calculation sheet, showing the computation of the amounts due."
4. Pursuant to the direction of this Court dated 7.4.2022, the Senior Manager, Canara Bank, Baripada has filed affidavit dated 4.5.2022 reflecting the computation of the outstanding liabilities of around ₹2,20,000/- approximately. As per the said affidavit dated 4.5.2022 Page 2 of 3 filed by Senior Manager, Canara Bank, Baripada the following loan facilities have been availed by the petitioner :
i. Cash Credit loan vide A/c. No.1429261060183, Rs.164.22 is said to be outstanding;
ii. House Building loan vide A/c. No. 1429619006562 Rs.1,45,301.79 is said to be outstanding;
iii. House Building loan vide A/c. No. 1429619006588 Rs.19,741.00 is said to be outstanding; and iv. Study loan vide A/c. No. 1429651005858 wherein nothing is said to be outstanding.
6. It is directed that the petitioners would pay Rs.2,25,000/- within four weeks but not later than 28.02.2023 to the Bank towards the remaining outstanding balance in all the above loan accounts. On payment of the amount, all the loan accounts shall stand liquidated, title deeds of the collateral shall be returned to the petitioners if there would be no other legal impediment in terms of the policy of the bank.
The writ petition is disposed of accordingly.
(Jaswant Singh) (M.S.Sahoo)
Judge Judge
January 31st, 2023
Cuttack
dutta
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