Authorized Officer Union Bank Of INDIA , Umfb Branch,Bbsr vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER 13.03.2025
Order No.
1. This matter is taken up through hybrid arrangement.
Heard learned counsel for the parties.
The present Writ Petition has been filed by the Petitioner with the following prayer:
“The petitioners therefore pray that your Lordships would be graciously pleased to admit this Writ Petition, call for the records, after hearing the parties, issue writ/writs in the nature of certiorari/mandamus directing the Opp. Party No.2 to provide necessary assistance for smooth execution of Order dated 31.12.2022 passed in Bank Misc. Case No.135/2018, by the learned District Magistrate & Collector, Khurda U/s 14 of the SARFAESI Act, 2002 within stipulated time period for the best interest of justice and equity.
And for this act of kindness the petitioners as in duty bound shall every pray.”
2
Learned counsel for the Petitioner submits that the Petitioner is the Authorized Officer of the Nationalized Bank under the provisions of the SARFAESI Act, 2002. He further submits that the unit named M/s S R Retail Zone Pvt. Ltd., Bhubaneswar had availed a CC Limit from the erstwhile Corporation Bank of Rs.90,00,000/-. As per the policy decision of Government of India, the Corporation Bank merged into Union Bank of India on 1st April, 2020. After availing the CC Limit of Rs.90 lakhs, the said unit did not service the interests, as a result, the loan account was classified as NPA on 01.07.20211. Therefore, the Authorized Officer had approached the Collector, Khurda by way of an application supported by an affidavit under Section 14 of the SARFAESI Act, 2002 for obtaining physical possession of the scheduled property vide Bank Misc. Case No.135/2018. The Collector, Khurda after perusing all the documents has passed the order dated 31.12.2022 for taking over the physical possession.
Learned counsel for the Petitioner further contends that the Bank has deposited the entire requisitioned fees as well as GST and issued letter requesting for police assistance at the site of the schedule property. However, the police assistance was not provided despite depositing of the said fees. Hence, the Petitioner is constrained to approach this Court. 3
On the other hand, learned counsel for the State submits that instruction has been sent vide office letter No.91/License Cell dated 12.03.2025 to the IIC, Khandagiri P.S., ACP Zone –III, Bhubaneswar, IIC, Bharatpur P.S. and R.I., Bhubaneswar UPD to render necessary police assistance to the Authorized Officer, Union Bank of India, UMFB Branch during the course of taking physical possession of the property in question. He further submits that the ACP Zone-III, Bhubaneswar will supervise the police arrangement and act as an Executive Magistrate on the day of taking physical possession i.e. on 17.03.2025 at 10.00 A.M.
In such view of the matter and considering the submission made by the parties, this Court is of the view that since the grievance of the Petitioner has already been redressed the cause of action in the present Writ Petition does not exist.
Accordingly, the Writ Petition is disposed of.
( Dr. S.K. Panigrahi) Judge Murmu
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.