Dismissed

Abhishek Panda v. Regional Manager, Reserve Bank of India

Orissa HC8 Dec 2020WP(C)/20150/2020

Case brief

AI extract

What is this about?

Petitioner approached this Court seeking release of vehicle seized by Indusind Bank. Bank counsel submitted that criminal and consumer complaints regarding the seizure were already pending. Court dismissed the writ petition as withdrawn but imposed costs on petitioner for abusing process by failing to disclose pending litigations.

What did the court decide?

Petition dismissed as withdrawn; petitioner to deposit Rs.10,000/- as costs before S.D.J.M., Balasore.

Abhishek Panda Vs Regional Manager, Reserve Bank of India — Consumer Protection | Orissa HC (2020)

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W.P.(C) No.20150 of 2020

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08.12.2020

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Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. B.M. Sarangi, learned counsel for the petitioner and Mr. P.K. Mishra, learned counsel for the opposite party no.2-Bank.

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The petitioner in this writ petition has prayed for a direction for release of his vehicle bearing Registration No.OD-01U-5567 (Container), which has been seized by the opposite party no.2-Branch Manager, Indusind Bank Ltd., Balasore.

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Mr. Mishra, learned counsel for the opposite party no.2-Bank, on instruction, submits that alleging illegal seizure of the aforesaid vehicle by the opposite party no.2, the petitioner has filed complaint case, i.e., C.T. Case No.708 of 2020 against the opposite party no.2, which is pending before learned S.D.J.M., Balasore. One consumer dispute is also pending before the District Consumer Disputes Redressal Forum, Balasore vide C.C. No.3 of 2019 questioning the seizure of the aforesaid vehicle. Hence, the petitioner has no cause of action to file this writ petition.

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In view of the aforesaid submission, Mr. Sarangi, learned counsel for the petitioner prays for withdrawal of the writ petition.

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From the submission made above, it appears that in the writ petition the petitioner has not disclosed about the litigations pending before different court and forums, where he could have prayed for release of his vehicle.

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Suppressing the fact that a criminal proceeding initiated at his instance as well as a consumer dispute case, pending before the District Consumer Disputes Redressal Forum, Balasore, the petitioner has moved this Court for release of the vehicle, which is not proper. Filing of this writ petition amount to abuse of process of Court.

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In that view of the matter, this writ petition is dismissed as withdrawn subject to payment of cost of Rs.10,000/- (Rupees Ten Thousand) to be deposited by the petitioner before leaned S.D.J.M., Balasore in C.T. Case No.708 of 2020 before proceeding further in this matter. On realization of the cost, the same shall be paid to the Branch Manager, Indusind Bank Ltd., Balasore-opposite party no.2 herein.

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Authenticated copy of this order downloaded from the website of this Court in the manner prescribed in this Courts Notice No.4587 dated 25.03.2020 shall be treated at par with the certified copy of this order.

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……..……………………

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K.R. MOHAPATRA,J.

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Abhishek Panda v. Regional Manager, Reserve Bank of India

Case brief

What is this about?

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Abhishek Panda v. Regional Manager, Reserve Bank of India

Case brief

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What did the court decide?

What the court decided

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