Disposed

Akshaya Kumar Swain v. State of Odisha

Orissa HC13 May 2024WP(C)/24992/2021

Case brief

AI extract

What is this about?

A loanee sought modification of loan dues and EMIs and complained his vehicle was seized despite an interim order. The court directed him to approach the authorities with Rs.1,50,000 within one month for release of the vehicle and permitted an installment proposal for balance dues; writ disposed.

What did the court decide?

Direction to release vehicle on payment of Rs.1,50,000 within one month; possible installment arrangement for balance loan dues.

Akshaya Kumar Swain Vs State of Odisha — Banking and Recovery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24992 of 2021

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Akshaya Kumar Swain

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…. Petitioner(s)

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Mr. Dhananjaya Nayak, Adv. -versus-

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The State of Odisha & Ors.

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…. Opposite Party(s) Mr. Dhananjaya Mund, AGA Mr. Nalinikanta Dash, Adv.

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

13.05.2024

1 . This matter is taken up through hybrid arrangement.

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2. In filing this Writ Petition, the Petitioner being a loanee, has sought for a direction from this Court to the Opposite Party Nos.2 & 3 for modifying the figure of the loan outstanding dues and also the E.M.Is.

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3. During course of hearing, learned counsel for the Petitioner submits that despite the interim order of this Court dated 24.08.2022 the Opposite Party Nos.2 & 3 have seized the vehicle of the Petitioner in question.

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4. To the contrary, learned counsel for the Opposite Party Nos.2 & 3 submits that due to the belated communication

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of the aforesaid order dated 24.08.2022, the vehicle of the

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Petitioner has been seized. Apart from this submission, Signature Not Verified Digitally SignedSigned by: AYASKANTA JENA learned counsel for the Opposite Party Nos.2 & 3 submits Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa th at at this stage if the Petitioner approaches the

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Digitally SignedSigned by: AYASKANTA JENA Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-May-2024 16:56:49

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Page 1 of 2

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authorities concerned for release of his vehicle in question with a suitable proposal, the authorities concerned would consider such prayer of the Petitioner.

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5. Be that as it may, considering the above submission of learned counsel for the Opposite Party Nos.2 & 3, this Court directs the Petitioner to approach the Opposite Party Nos.2 & 3 for the above purpose along with a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) only within a period of one month hence and upon receipt of the said amount the Opposite Party Nos.2 & 3 shall release the vehicle of the Petitioner in question.

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6. It is further directed that upon payment of the above noted amount, if the Petitioner makes a prayer for clearing the rest of the amount in installments, the Opposite Party Nos.2 & 3 may also make some arrangement for clearance of the rest of the amount/ loan outstanding dues in suitable installments within a reasonable time.

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7. This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-May-2024 16:56:49

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Akshaya Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Akshaya Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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