Disposed

Satish Kumar Sahoo v. Union Bank of India, Bbsr

Orissa HC20 Jun 2024WP(C)/11293/2024

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Orissa disposed of an application filed by an auction purchaser seeking refund of deposit and interest due to the opposite party's alleged non-compliance with a prior order. The Court found that the demarcation was completed and sale certificate prepared, directing the purchaser to collect the certificate and the bank to hand over possession within 15 days.

What did the court decide?

Directed the petitioner to collect the sale certificate and the opponent bank to hand over possession of the property within fifteen days.

Satish Kumar Sahoo Vs Union Bank of India, Bbsr — Specific Performance | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.11293 of 2024

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Satish Kumar Sahoo

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…. Petitioner(s)

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Mr. Prabodha Chandra Nayak, Adv.

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-versus-

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…. Union Bank of India & Anr. Opposite Party(s) Mr. Tuna Sahoo, Adv.

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

Order

08.01.2025

No. I.A. No.11169 of 2024

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1 . This matter is taken up through hybrid arrangement.

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2. In filing this I.A, the Petitioner being the auction purchaser, has sought for a direction from this Court to the Opposite Parties/ Bank authorities for refunding the entire amount deposited by him along with interest as they are failed to comply the order dated 20.06.2024 passed by this Court in W.P.(C) No.11293 of 2024.

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3. Pursuant to the earlier order of this Court, Mr. Tuna Sahoo, learned counsel for the Opposite Parties/ Bank, on instruction, submits that as per the order of this Court dated 20.06.2024 the Opposite Parties/Bank authorities have already completed the demarcation process of the property in question and have also prepared a sale certificate.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA 4. The relevant portion of the communication dated Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38 05 .12 .2024 produced by Mr. Tuna Sahoo, learned counsel in Court today is extracted herein below:-

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Page 1 of 2

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“ We wish to inform that you have successfully participated in e auction dated 25.01.2024 for the Mortgaged Property bearing Khata no.985/813 and Plot no.2601/3683 standing in the name of Mr. Partha Sarathi Sahoo. Since there were some issues regarding the boundaries of the property, we approached the Tahsildar, Sadar for demarcation. As directed by the Tahsildar following the Order of the Hon’ble High Court of Odisha in WP(C) 11293/2024 filed by you, Revenue Inspector and Government Amin have demarcated the property and given a report to the Tahsildar. The demarcation report has also been submitted by the Tahsildar before the Hon’ble High Court.

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Now that the demarcation of the property has been completed, we have prepared the sale certificate.

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Hence, we request you to visit our office and collect the Sale Certificate immediately. ”

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4. In such view of the matter, this Court directs the Petitioner

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to approach the concerned authority of the Opposite Parties/Bank and collect the sale certificate. The Opposite Parties/Bank authorities are also directed to handover the possession of the property in question to the Petitioner within a period of fifteen days from the date of presentation of an authenticated copy of this order.

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5. This I.A. is, accordingly, disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38

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Page 2 of 2

Satish Kumar Sahoo v. Union Bank of India, Bbsr

Case brief

What is this about?

What did the court decide?

Satish Kumar Sahoo v. Union Bank of India, Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

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