In this writ petition, the court dismissed the matter as not maintainable against the private financer in view of the counter affidavit filed. The petitioner sought relief against seizure of vehicle by Opp. Party No. 5.
None; petition dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 7324 OF 2022
Pratika Kumar Dash
…. Petitioner
Mr. Kuresh Prasad Dash, Advocate
-versus-
Reserve Bank of India, Bhubaneswar and others
…. Opp. Parties
Mr. Jyoti Pattnaik, Advocate (For Opp. Party Nos.3 to 5)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
22.09.2022
relief:
“It is therefore prayed that, your Lordship may graciously be pleased to issue appropriate writ(s)/direction(s) to grant the following reliefs enumerated hereunder:
(i) To hold and declare the action of the Opp. Party No.5 in attempting to seize/re-possess the vehicle of the petitioner is not accordance with the master circular dtd. 2.7.2012 issued by R.B.I. vide Annexure-2.
(ii) To direct the O.P. No.5 not to take any coercive action against the vehicle of the petitioner and consider the loan amount for rephasement.
(iii) To direct the O.P. No.5 not to penalize nor seize the vehicle as the petitioner has already paid the installment dues.
(iv) And pass any other order(s)/relief(s) as the petitioner is otherwise entitled to, as may deem just and proper;
And for this act of kindness, the petitioner shall as in duty bound, ever pray.”
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Urgent certified copy of this order be granted on proper application.
bks
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2 issues framed by the court
Whether a writ petition against private co-operative societies is maintainable under Article 226.
Whether coercive action against a vehicle is in accordance with RBI circulars.
Pratika Kumar Dash
Reserve Bank of India
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
