MALLIKA PATNAIK Vs. MANAGING DIRECTOR, OSFC

JUDGEMENT

(1.) The writ application has been filed assailing the sale notice published by the Orissa State Financial Corporation (herein after referred in short 'OSFC') to sell the property mortgaged by the late husband of the petitioner for obtaining loan from OSFC for purchase of a Mini Truck. Further, challenge has been made to the action of the OSFC in selling the house situated over Plot No.752 under Khata No.250 old/1322(New) measuring an area Ac.0.016 decs. of Mouza Jagadhatripur in Jeypore town in favour of the opp.party no.4.

(2.) The petitioner has inter alia prayed for quashing of the sale notice so far as the mortgaged property and the sale of land together with house mentioned in Lot No. IIILB of Sl.No.3 under Annexure-8 in favour of the opp.party no.4 vide deed No.183 of 2008 dated 17.09.2008.

(3.) Controverting the averment made in the writ application a counter affidavit has been filed on behalf of the opp.party nos. 1 to 3. In the counter affidavit it has been submitted that since no step was taken for release of the seized collateral property, a loan settlement dues letter was issued intimating that the seized assets have been advertised for disposal through the Branch Level Disposal Committee meeting to be held on 12.03.2008 and the mortgagor was requested to clear up the outstanding dues along with interest and other charges. Again, the sale rescheduled on 12.03.2008 was deferred and readvertised again to be sold through meeting dated 26.03.2008 and again deferred to 20.08.2008. The loan settlement notices for Branch Level Disposal Committee meeting dated 26.03.2008 and 20.08.2008 were also issued again vide letters dated 20.03.2008 & 11.08.2008 to settle the loan account and to get the seized assets released. Finally, in Branch Level Disposal Committee meeting held on 20.08.2008 the Lot-1 property was sold at Rs. 2,87,300/- on outright payment basis in favour of Op. party no.4 and the sale letter was issued vide letter no.147 dated 20.08.2008. Thereafter, after receipt of the entire sale consideration, possession was handed over to opp.party no.4 vide letter no. 180 dated 12.09.2008 and subsequently deed of transfer was executed in favour of opp.party no.4 dated 17.09.2008. However, lot- 2 and 3 properties are still laying unsold.