M/S.Manappuram Finance Ltd. Vs State of Odisha

1. The petitioner is one of the non-banking financial institutions. The petitioner is aggrieved by the notice dated 24.03.2025 issued by the opposite party No.4 under Section 94 of the BNSS, 2023. Reading of the notice reveals that the opposite party No.4, the I.I.C., Badabazar Police Station, Berhampur has summoned the financial institution, i.e. the petitioner to produce the gold ornaments mortgaged with the bank by the brother of the accused in the F.I.R. in connection with Berhampur Badabazar P.S. Case No.128 of 2025. The

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present petitioner is seeking quashing of the said notice.

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2. Learned counsel for the petitioner has relied upon the order of this Court dated 03.03.2025 passed in CRLMC No.137 of 2025 (M/s. Manappuram Finance Ltd. vs. State of Odisha & others).

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3. Learned counsel for the petitioner submits that the petitioner had confronted with the similar situation in another case and the petitioner had approached this Court by filing CRLMC No.137 of 2025, wherein the order dated 03.03.2025 has been passed. Relevant would be to reproduce the order dated 03.03.2025.

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“1. Heard.

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2. Learned counsel for the petitioner submits that the petitioner Company challenges the action of opposite party no.4/I.I.C., Jagatsinghpur Town Police Station by issuing a notice under Section 94 of B.N.S.S., 2023 to release the alleged stolen gold ornaments mortgaged by Kabita Sarangi. The grievance of the petitioner is that as per the police information, the property mortgaged with the Bank is stolen property, which the petitioner has no knowledge at the time of accepting such property which was sought to be mortgaged. He further submits that the petitioner has also raised concern about the citizens’ property, which are kept in police custody for years together and suffers huge wear and tear due to improper unkeeping of such property. When the case concludes, there is a huge corrosion, depreciation etc. rendering the seized article useless or sometimes it fetches very lesser value.

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3. In such view of the matter, the opposite party no.3 is directed to request the Bank for production of the alleged stolen articles, which are under mortgage

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with the Banks as and when required which requires before the court and it will be returned back to the Bank. The Bank is also directed not to dispose of or transfer or auction the alleged stolen property till the trial is concluded.

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4. With this observation, the CRLMC is disposed of.”

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4. Mr. Mohanty, learned Additional Standing Counsel appearing on behalf of the opposite party No.1-State submits that the case of the petitioner is akin to the facts to the case in CRLMC No.137 of 2025.

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5. Regard being had to the submissions made by the learned counsels for the parties at the Bar, the CRLMC is disposed of with a direction to the opposite party No.2 to request the bank for production of all stolen articles mortgaged with the petitioner as and when required to be produced before the Court. The petitioner is also directed to not to dispose of, transfer or auction the alleged stolen property till the trial is concluded.

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6. With the aforementioned observation, the CRLMC is disposed of.

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(S.S. Mishra) Judge

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Subhasis

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Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Apr-2025 18:44:13

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M/S.Manappuram Finance Ltd. v. State of Odisha

Case brief

What is this about?

What did the court decide?

M/S.Manappuram Finance Ltd. v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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