Orissa High Court
Balaram Choudhury vs Indian Bank on 16 August, 2023
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 26178 of 2023
Balaram Choudhury .... Petitioner
Mrs. Sr. Pami Rath, Adv.
along with Ms. Guman Singh, Adv.
-versus-
Indian Bank, Bhubaneswar .... Opposite Parties
Mr. Tuna Sahu, Adv.
For Bank
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 16.08.2023
01 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned counsel for the Bank.
3. The Petitioner has filed this Writ Petition challenging the notice issued to the dated 05.08.2023 at Annexure-2 and return the title deeds of the Petitioner.
3. Learned counsel for the petitioner submits that the wife of the petitioner namely, Saswati Choudhury has a separate business with one Mrs. Anita Dutta under the partnership Firm namely, M/s Koshis. In the said partnership firm the Petitioner has no business interest nor has any kind of financial relation. The said partnership firm appears to have availed some loan from the opposite party Bank which the Petitioner is no way concerned or connected with. The Page 1 of 2 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Aug-2023 19:10:24 // 2 // Petitioner has not offered any property or any personal guarantee for the said loan i.e. to M/s Koshis. In short, the petitioner has no link with the said loan arrangements even though his wife is a partner in the said firm. But the opposite party/Bank has issued notice to the petitioner stating that the partnership firm of his wife has availed as OCC loan facility for Rs.20,00,000/- and a a term loan of Rs.30,00,000/- on 06.02.2018. The status of loan account is also shown as NPA as on 05.08.2023.
4. In such view of the matter issue notice to the opposite party.
5. Mr.Tuna Sahu, learned counsel who usually appears for the Bank is present in the Court. Hence, this Court direct him to accept notice on behalf of the opposite party/Indian Bank.
6. List this matter on 22nd August, 2023. I.A. No.12508 of 2023
7. As an interim measure, the opposite party/Bank is directed not to take any coercive action on the basis of notice dated 05.08.2023 under Annexure-1 till the next date.
(Dr. S.K. Panigrahi) Judge LB Page 2 of 2 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Aug-2023 19:10:24