Allowed

Babuli Behera v. the Union Bank of India, Bbsr

Orissa HC4 Apr 2023WP(C)/9974/2023

Case brief

AI extract

What is this about?

This order grants an extension of one month to the petitioner, a daily labourer, to clear outstanding dues despite defaulting on a previous deadline. The court directed the bank to take appropriate action only after this extended period expires without compliance.

What did the court decide?

Extension of one month granted to the petitioner to clear all outstanding dues with the Union Bank of India.

Babuli Behera Vs the Union Bank of India, Bbsr — 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. 9974 of 2023

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Babuli Behera

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…. Petitioner

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Mr. Manoranjan Muduli, Adv.

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-versus-

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The Union Bank of India, BBSR and others

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…. Opposite Parties

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

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Order ORDER No. 16.08.2023 02. I.A. No. 11967 of 2023 1 . This matter is taken up through hybrid arrangement.

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2 . This is application for modification of the order dated 04.04.2023 wherein the petitioner was directed to deposit Rs.2,00,000/- with the Bank by the end of 30^th of April, 2023 and rest amount shall be deposited by the end of 30^th of June, 2023 to which the Bank agreed. It was also directed that failure in repayment of the aforesaid amount within the stipulated period, the Bank is free to take any action as per Law.

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3 . Heard learned counsel for the petitioner and learned counsel for the Bank.

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Signature Not Verified

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Page 1 of 2

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Aug-2023 19:10:25

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// 2 //

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4 . It is submitted that the petitioner is a daily labourer and due to his poor health condition as well as financial condition he was unable to pay the outstanding loan amount before the Union Bank of India as directed. Further, without being heard, the opposite parties have issued notice against him on 18.07.2023 under Section 13(4) of SARFAESI Act, 2022. The non-compliance of the order on his part is neither intentional nor willful. Hence, he prays for extension of time to comply the order dated 04.04.2023.

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5 . Learned counsel for the Bank vehemently opposes to further extension of time to comply with the order. He further submits that the petitioner has already defaulted the order passed by this Court intentionally. Hence, he does not deserve any further leniency.

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6 . However, taking into consideration of the condition of the petitioner, another one month time is granted to the petitioner to clear all his dues, failing which the Bank shall take appropriate action in accordance with law.

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7 . The I.A. is accordingly disposed of.

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( Dr. S.K. Panigrahi) Judge

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Lingaraj

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Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Aug-2023 19:10:25

Babuli Behera v. the Union Bank of India, Bbsr

Case brief

What is this about?

What did the court decide?

Babuli Behera v. the Union Bank of India, Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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