MANORAMA BHUYAN Vs. REGIONAL MANAGER

JUDGEMENT

(1.) Petitioner no.1 is the principal borrower and petitioner no.2 (Sri Sitanshu Sekhar Bhuyan) is the guarantor of a loan facilities availed from State Bank of India, SMECCC Branch, Madhupatna, Cuttack/Opposite Party No.2, in the year 2015. Due to non-payment of the instalments, the Bank is stated to have filed O.A. No.104 of 2014, which was decided on 18/8/2015. It transpires that the Recovery Officer, DRT, Cuttak has proceeded to attach the properties for executing the decree passed in favour of the Bank. The present Writ Petition has been filed with the following prayer:

(2.) On the previous date of hearing, this Court had directed the Bank to file an affidavit in order to ascertain as to how much amount remains to be recovered after setting off the amounts of sale price received from the auction sale of the mortgaged property under the SARFAESI Act, 2002. An affidavit dtd. 16/8/2022 of the Manager concerned has been filed in the Court today, whereby it elucidated that a sum of around Rs.28,46,108.00 plus other charges remain due as on 12/8/2022 after the set off.

(3.) In view of the above, the Writ Petition is accordingly dismissed relegating the petitioner to seek his statutory remedy in accordance with law.