ICICI BANK LTD Vs. PRATIVA BHARATI

JUDGEMENT

(1.) The Petitioner, in this Writ Petition, has challenged the order dtd. 19/7/2023 passed by the leaned Permanent Lok Adalat (PUS), Balasore in PLA Case No.83 of 2022 setting aside the notices issued under the SARFAESI Act, 2002 against the legal heirs of the deceased borrower and taking symbolic possession of their house. It was further directed that the mortgage agreement by depositing of title deeds with the Petitioner/ Bank executed by later Kusha Bharati and his wife Satyabati Bharati involving M/S Traini Store would be discharged after depositing of rupees 15 lakh by the Opposite Party and the properties would be free from the mortgage debts. It was also directed that all the deeds of mortgage would be returned to the Opposite Party without any extra payment along with the NOC after the amount of rupees 15 lakh is deposited. Hence, this Writ Petition.

(2.) The brief fact of the case is that:

(3.) Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions.