Dismissed¶¶28

Brahmananda Behera v. B.M, Kotak Mahindra Bank Ltd, Bbsr

Orissa HC15 Jul 2024WP(C)/6236/2024

Case brief

AI extract

What is this about?

High Court of Orissa at Cuttack; W.P.(C) No.6236 of 2024; Brahmananda Behera v. The Branch Manager, Kotak Mahindra Bank Ltd., Bhubaneswar; Dr. Justice S.K. Panigrahi; writ petition dismissed; vehicle loan recovery; tractor Regd. No.OD05P0038; threat to sell financed vehicle; Kendrapara Consumer Court; C.C. Case No.159 of 2023; award dated 20.08.2022; arbitration award; demand of Rs.3,50,882/-; forum shopping warning with heavy cost; direction to pursue remedy before Consumer Forum.

What did the court decide?

The Petitioner is directed to pursue the matter before the Consumer Forum where the matter is pending. ¶¶24

Brahmananda Behera Vs B.M, Kotak Mahindra Bank Ltd, Bbsr — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6236 of 2024

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Brahmananda Behera

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…. Petitioner

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Represented By Adv. Mr. B. M. Sarangi

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-versus-

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…. The Branch Manager, Kotak Opposite Party Mahindra Bank Ltd., Bhubaneswar

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Represented By Adv. Mr. N. K. Dash

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

Order

15.07.2024

No.

1 . This matter is taken up through hybrid arrangement.

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2 . The Petitioner has filed this Writ Petition challenging the action of the Opposite Party/ Bank for threatening the Petitioner to sell the vehicle even after the award dated 20.08.2022 passed by the Kendrapara Consumer Court in

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C.C. Case No.159 of 2023.

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3 . Heard learned counsel for the Parties.

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4 . Learned counsel for the Petitioner submits that the Petitioner is a registered owner of the vehicle bearing

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Page 1 of 3

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// 2 //

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Regd. No.OD05P0038 (Tractor) and took a loan of Rs.2,87,000 from the Opposite Party/Bank. The Petitioner had already paid EMIs up to date, only future amount of Rs.1,00,000/- was pending against the Petitioner’s vehicle as per the statement of the account. The Petitioner moved a C.C. Case No.159 of 2023 in Kendrapara Consumer Court and the said court passed an award dated 20.08.2022 with a direction to release the said vehicle and the Petitioner to go on paying the regular EMIs. But the Opposite Party/Bank in guise of arbitration award dated 20.08.2022 demanding an amount of Rs.3,50,882/- from the Petitioner. Hence, the Petitioner is constrained to approach this Court.

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5 . Learned counsel for the Opposite Party/Bank submits that since the Petitioner had already approached the Consumer Forum and the matter is pending before the said forum.

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6 . Considering the facts and submissions made, the Petitioner is directed to pursue the matter before the said Consumer Forum where the matter is pending. Further, it is warned that in future if such kind of forum shopping is

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Page 2 of 3

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// 3 //

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indulgent by the Petitioner, the court shall impose a heavy cost on the Petitioner.

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7 . Accordingly, the Writ Petition is dismissed.

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(Dr. S.K. Panigrahi)

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Judge

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Sumitra

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jul-2024 18:36:02

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Page 3 of 3

Brahmananda Behera v. B.M, Kotak Mahindra Bank Ltd, Bbsr

Case brief

What is this about?

What did the court decide?

Brahmananda Behera v. B.M, Kotak Mahindra Bank Ltd, Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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