Petitioner sought writ relief for eviction of permanent fixtures serving collateral security from Flat No.3, pending auction. Court dismissed petition, directing petitioner to pursue remedies before the Dejudicial Recovery Tribunal (DRT).
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.889 of 2023
Baikuntha Pradhan
Petitioner Ms. A. Pal, Advocate
-versus-
UCO Bank, Bhubaneswar and Others
…. Opposite Parties Mr. B.B. Swain, Advocate for the Bank
CORAM: JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO
Order No.
ORDER (Oral) 19.01.2023 (Hybrid Mode)
02.
1. Simple prayer being made by the petitionertenant is for removing certain items including permanent fixtures to be taken out of Flat No.3 i.e. the Collateral Security, the possession of which has been taken by the Bank. The premises are stated to be being put to auction on 19.01.2023.
2. Mr. Swain, panel lawyer appearing for the Bank states that the possession of the premises was taken by an advocate appointed as a local commissioner under the orders of the DRT in the pending recovery proceedings. He further states that certain false allegations have been made in Para-3.4 of the present Writ Petition and therefore the officials of the Bank apprehend further wild allegations in case the premises are reopened. He further submits that the proper
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remedy of the petitioner is to go back before the DRT, which has appointed the local commissioner and already in custody of the report of the local commissioner.
3. In view of the above, we disposed of the present Writ Petition by relegating the petitioner to seek his available remedy before the DRT.
(Jaswant Singh)
Judge
(M.S. Sahoo)
Judge
Basudev 19 th January, 2023
Cuttack
Page 2 of 2
1 issue framed by the court
Whether a writ petition seeking removal of pledged collateral security should be entertained during pending recovery proceedings.
Baikuntha Pradhan
UCO Bank, Bhubaneswar
Jaswant Singh
M. S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
