Disposed

Mrutyunjaya Rout v. Orissa State Financial Corporation,Md,Cuttack

Orissa HC17 Apr 2023WP(C)/6367/2018

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition challenging auction sale deeds. Noting that the mortgager had settled loan dues under the OTS scheme, the Court found the petitioner's grievance no longer subsisted. The petition was disposed of with a direction to consider the petitioner's refund application for EMD separately.

What the court decided

AI extract

Mrutyunjaya Rout Vs Orissa State Financial… — Banking and Recovery | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P (C) No.6367 of 2018

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Mrutyunjaya Rout

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….. Petitioner

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Vs.

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Orissa State Financial ….. Opposite Parties Corporation, Cuttack & Ors. Ms. S.L. Patnaik, Advocate (O.Ps.1 & 2)

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CORAM:

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DR. JUSTICE B.R. SARANGI MR. JUSTICE M.S. RAMAN

ORDER

17.04.2023

Order No.

This matter is taken up through hybrid mode.

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Heard Mr. P.K. Rath, learned counsel appearing for the petitioner and Ms. S.L. Patnaik, learned counsel appearing for opposite party-Orissa State Financial Corporation, Cuttack.

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The petitioner has filed this writ petition seeking to quash the deed of transfer dated 13.12.2006, sale deed no.729/2007 dated 26.03.2007 and sale deed no.730/2007 dated 26.03.2007 under Annexures-3, 4 and 5 respectively and further to issue direction to the opposite party- Orissa State Financial Corporation, Cuttack to finalize the auction and execute “Deed of Conveyance” in favour of the petitioner in respect of the property over an area of Ac.0.28 dec. situated in mouza-Jamada, PS-Hirakud in the district of Sambalpur bearing Khata No.46, Plot No.1130(P) measuring Ac.0.18 decimals and Plot No.1131(P) measuring Ac.0.10 decimals in total area Ac.0.28 decimals described in the schedule

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of Annexure-3 to the writ petition.

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Mr. P.K. Rath, learned counsel appearing for the petitioner contended that perusal of the sale deed would go to show that it has been executed in favour of one Nilachal Panda and, as such, the borrower has come forward to settle the loan in his favour, as because the petitioner is one of the auction purchasers and he does not have any grievance, if the sale deed would have been executed by the borrower-Bhakta Charan Panda.

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Ms. S.L. Patnaik, learned counsel appearing for the opposite party-Orissa State Financial Corporation, Cuttack contended that Nilachal Panda is not the same person as Bhakta Charan Panda, rather a wrong document has been filed before this Court showing the loan has been settled in favour of Nilachal Panda, but it has been settled in favour of one Bhakta Charan Panda. Referring to counter affidavit, she further contended that the mortgager Bhakta Charan Panda switched over to OTS-Modified-2007 Scheme of OSFC and the OSFC on the application of Bhakta Charan Panda settled the loan dues of the borrower Bikramaditya Panda under the OTS MFD-2007 Scheme at Rs.2,42,268/- vide settlement letter dated 11.01.2010.

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Considering the contentions raised by the learned counsel for the parties and after going through the records, this Court finds that since Bhakta Charan Panda, who is said to be the mortgager, has settled the loan dues of the borrower-Bikramaditya Panda under the OTS MFD-2007 Scheme at Rs.2,42,268/-, for which the settlement order has been issued, the grievance of the present petitioner no more subsists. Needless to say, if the petitioner approaches the authority for refund of his EMD, the same shall be

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considered in accordance with law, if the same has not been refunded in the meantime.

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With the above observation and direction, the writ petition stands disposed of.

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(DR. B.R. SARANGI) JUDGE

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Alok

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(M.S. RAMAN) JUDGE

Mrutyunjaya Rout v. Orissa State Financial Corporation,Md,Cuttack

Case brief

What is this about?

What the court decided

Mrutyunjaya Rout v. Orissa State Financial Corporation,Md,Cuttack

Case brief

What is this about?

What the court decided

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