Dismissed

Anam Digar v. Regional Manager Res

Orissa HC29 Nov 2023WP(C)/8429/2014

Case brief

AI extract

What is this about?

Writ petition seeking direction to release seized three-wheeler and initiate action for willful disobedience dismissed. Court held vehicle was already auctioned before the impugned previous order, making release inoperable, and no willful disobedience was proved on record.

What did the court decide?

Writ petition dismissed as vehicle was already auctioned and no willful disobedience found.

Anam Digar Vs Regional Manager Res — Contract and Commercial Disputes | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Nov-2023 18:17:13

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 8429 OF 2014

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Anam Digar

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…. Petitioner Mr. H.K. Mahanta, Advocate

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-versus-

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…. Regional Manager, Reserve Bank of Opp. Parties India and others

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Mr. Prabir Kumar Ray, Advocate (For Opp. Party No.2)

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

29.11.2023

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition prays for a direction to the Manager, Mahindra & Mahindra Finance Service Ltd., Balasore-Opposite Party No.2 to release his vehicle bearing Registration No.OR-11-K-7891. The Petitioner also prays for a direction to take appropriate action against the Opposite Party No.2 for willful disobedience of order dated 10^th December, 2013 passed in W.P.(C) No.23760 of 2013.

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Mr. Mahanta, learned counsel for the Petitioner submits that taking financial assistance from the Opposite Party No.2Financer, the Petitioner purchased a passenger three wheeler bearing Registration No.OR-11-K-7891. Due to default in payment of EMIs, the vehicle was seized. Hence, the Petitioner filed W.P.(C) No.23760 of 2013 before this Court seeking release of the vehicle. This Court vide order dated 10^th December, 2013 disposed of the W.P.(C) with the following order:

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Page 1 of 3

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// 2 //

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Nov-2023 18:17:13

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“Learned counsel for the petitioner states that a sum of Rs.26,000/- has been sent to opposite party no.2 on 26.11.2013 and further sum of Rs.10,000/- will be deposited/sent to opposite party no.2 within one week from today. According to the petitioner there are no other dues at this stage.

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In view of the above statement, we direct opposite party no.2 to release the vehicle of the petitioner subject to deposit of the aforesaid amount.

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It is made clear that if the petitioner fails to comply with the terms mentioned above, this petition be treated to have been dismissed.

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The writ petition is disposed of accordingly.

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If the Bank is aggrieved by the above order, it will be at liberty to move this Court.”

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Although the Petitioner deposited the amount, as directed, but the vehicle was not released in his favour. Hence, this writ petition has been filed.

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It is his submission that the conduct of Opposite Party No.2 is a clear violation of this Courts’ order. Hence, the vehicle in question should be released in favour of the Petitioner and appropriate action should be should be taken against the Opposite Party No.2 for willful disobedience of the order passed in W.P.(C) No.23760 of 2013.

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Mr. Ray, learned counsel for the Opposite Party No.2 submits that before filing W.P.(C) No.23760 of 2013, the vehicle in question had already been sold in public auction. Thus, question of releasing the said vehicle does not arise. However, to make good the outstanding dues after adjustment of the auction price, the amount deposited was accepted. But that does not give right to the Petitioner to claim for release of the vehicle. It is his submission that the Petitioner suppressing the aforesaid material fact had filed W.P.(C) No.23760 of 2013, which was disposed of without issuing notice to the Opposite Party No.2.

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Page 2 of 3

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Signature Not Verified

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// 3 //

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Nov-2023 18:17:13

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Considering the submissions made by learned counsel for the parties, this Court finds that before filing of W.P.(C) No.23760 of 2013, vehicle in question had already been sold in public auction. Thus, the question of releasing the vehicle in favour of the Petitioner does not arise at all. Further there is nothing available in the case record to indicate that there is willful disobedience of the Court’s order.

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Accordingly, the writ petition being devoid of any merit stands dismissed.

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Urgent certified copy of this order be granted on proper

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application.
(K.R. Mohapatra)
Judge

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Page 3 of 3

Anam Digar v. Regional Manager Res

Case brief

What is this about?

What did the court decide?

Anam Digar v. Regional Manager Res

Case brief

What is this about?

What did the court decide?

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