RAJESH KUMAR BEHERA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner is a defaulting borrower in a Housing Loan availed for a sum of Rs.6.00 lakhs on 8/10/2005 from State Bank of India, Sambalpur Branch, Sambalpur. Due to non-payment of due installments, the loan account was classified as NPA and a demand notice dtd. 28/1/2010 under Sec. 13(2) of the SARFAESI Act, 2002 (for short "the Act, 2002") was issued recalling the outstanding amount of Rs.7,22,561.00 due as on 10/1/2010 together with future interest, expenses etc. The symbolic possession of the mortgaged residential house was assumed on 1/6/2010 by issuance of a notice under Sec. 13 (4) of the Act, 2002. A notice on 13/11/2014 was served upon the petitioner seeking a request for handing over peaceful actual possession of the secured asset, which was challenged before this Court by filing W.P.(C) No.22665 of 2014. Interim order dtd. 21/11/2014 in the said writ petition was passed directing the Bank not to take any coercive action subject to the petitioner depositing a sum of Rs.1.00 lakh within four weeks. Subsequently the writ petition was disposed of vide order dtd. 4/12/2015 as not maintainable, however with the permission to the petitioner to approach the Bank for an amicable settlement under any prevailing OTS Scheme.

(2.) It transpires the OTS proposal was not accepted by the Bank leading the Bank to file an application under Sec. 14 of the Act, 2002 before the District Magistrate, Sambalpur for directing providing of official assistance for delivery of the actual possession. Pursuant to the order passed by the District Magistrate, a notice dtd. 25/2/2016 (Annexure-4) was issued to the petitioner for taking over of the actual possession of the secured asset on 11/3/2016.

(3.) At the time of hearing, learned counsel for the Bank submits that the actual possession was already taken on the said date as there was no interim order passed by this Court. He further states that the loan account of the petitioner stands liquidated.