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2025 DAILYLAW 65372 (ORI)

RASHMI RANJAN JENA v. BANK OF INDIA

WP(C)/32101/2024 · 2025-01-08

Murahari Sri Raman

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32101 of 2024 Rashmi Ranjan Jena and another …. Petitioners Mr. Rakesh Kumar Sarangi, Advocate -versus- Bank of India represented by its Senior Branch Manager and others …. Opposite Parties Mr. Tuna Sahu, Advocate CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 02. ORDER 08.01.2025 W.P.(C) No.32101 of 2024 & I.A. Nos.223 & 224 of 2025 This matter is taken up through Hybrid Mode. 2. These Interlocutory Applications, i.e., I.A. Nos.224 of 2025 and 223 of 2025 have been filed by the petitioner for early listing of this writ petition, i.e., W.P.(C) No.32101 of 2024, which stood adjourned to 20.01.2025, and stay of auction sale scheduled to be held on 09.01.2025 with respect to the Vehicle bearing registration No.OD-29-E-6375. Therefore, this writ petition, i.e., W.P.(C) No.32101 of 2024 is taken up for hearing today as advanced by the learned counsel for the petitioner. 3. On perusal of Office Note, it appears that “M/s. Tuna Sahu and his associates entered appearance on behalf of Senior Branch Manager of Bank of India, Main Road Branch, Sriram Complex, Main Road, Rourkela, District: Sundergarh who is not a party in this case”. But on perusal of record, it seems consolidated cause title has come to be filed as placed at page-58 of computer page by p. 2 way of memo filed by the petitioner on 04.01.2025. The same is taken on record and the Office Note, therefore, be ignored. Registry is instructed to place the same at appropriate place. 4. Learned counsel for the opposite parties submitted that he has already filed Vakalatanama on 07.01.2025 and the Bank has already moved before the Debts Recovery Tribunal under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993. 5. At this stage, learned counsel appearing for the petitioner by filing a memo in Court today seeks permission to withdraw the writ petition as well as the Interlocutory Applications with liberty to approach the appropriate forum. The said memo is taken on record. 6. Accordingly, the writ petition as well as the I.As. stand disposed of as withdrawn with liberty to approach the appropriate forum. (M.S. Raman) Judge Laxmikant Designation: Senior Stenographer