Writ petition seeking direction to Canara Bank to consider a representation, withdraw its pending civil suit, and release loan documents and NOC. The court held the matter was already before the civil court, deprecated forum shopping, imposed Rs.1,000 cost on the petitioner, and dismissed the petition.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 20751 of 2024
Mr. Gangeya Sahu
..…... Petitioner(s)
Mr. L.N. Rayatsingh, Adv.
-Versus-
Branch Manager, Canara Bank, Bargarh Branch ………. Opposite Parties Mr. Arupananda Das, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
04.09.2024
Order No.
“It is, therefore most respectfully prayed that Your Lordship would be graciously pleased to admit this application and further be pleased to issue notice to the Opp. Party, after hearing the parties, direct the Opp. Party to consider the Proposal/Representation dated 18.06.2024 and to settle the matter, withdraw the Civil Suit vide Civil Suit No.- 192 of 2021 pending in the Court of Learned Civil Judge, Senior Division, Bargarh, filed by the Opp. Party, release the original documents and grant NOC to the petitioner.”
Signature Not Verified
Digitally SignedSigned by: LITARAM MURMU4. The brief fact of the case is that the Petitioner applied for a loan Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa CuttackDate: 06-Sep-2024 10:32:15to pur ch ase a vehicle (TATA Sumo Gold) under the MSME Scheme
in the year 2014. As per the said application, the Opposite Party
2
sanctioned a loan of Rs.6,40,000/- vide Loan Account No3140768000026. The Petitioner purchased the said vehicle bearing Registration No.OD 17 D 4018 and, subsequently, he executed the loan documents, deed of hypothecation and the letter of undertaking against the Opposite Party/Bank.
Signature Not Verified
Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 06-Sep-2024 10:32:15 ( Dr. S.K. Panigrahi) Judge
( Dr. S.K. Panigrahi)
Murmu
1 issue framed by the court
Whether the writ petitioner could seek release of loan documents and withdrawal of a pending civil suit via writ instead of approaching the civil court where the suit is pending.
Gangeya Sahu
Branch Manager, Canara Bank, Bargarh Branch
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
