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2025 DAILYLAW 57794 (ORI)

AMAR KUMAR PATRA v. STATE OF ODISHA

WP(C)/26214/2025 · 2025-09-19

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26214 of 2025 Amar Kumar Patra …. Petitioner Represented By Adv. Mr. Arun Kumar Behera -versus- State of Odisha & Ors. …. Opposite Parties Represented By AGA Mr. Debasis Nayak CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 19.09.2025 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this Writ Petition seeking a direction from this Court to the Opposite Party No.2 to release the seized vehicle bearing Registration No.OD-01- N-6248 of MAHINDRA TRUXO (Container) in his favour. 3. Heard. 4. Learned counsel for the Petitioner submits that he has taken a loan of Rs.18,98,490/- from the Opposite Party No.2 for purchasing a vehicle bearing registration No.OD-01-N-6248 of MAHINDRA TRUXO (Container). He further submits that the Petitioner has already paid the total amount of Rs.20,34,500/-. The Petitioner has been regularly paying the monthly installments as per the bilateral agreement was made between the Petitioner and the Opposite Party No.2. Due to some financial constraints, the Petitioner was unable to pay the installments for near about nine months. In such event, the Opposite Party No.2 had snatched away the aforesaid vehicle (Container) of the Petitioner without issuing any notice to him. 5. He further submits that he received the information orally from the office of the Opposite Party No.2 that the Opposite Party No.2 is going to resale the aforesaid vehicle. Hence, this Writ Petition. 6. Considering the facts and submissions made, the Petitioner is directed to approach the Opposite Party No.2 by giving a reasonable amount for settlement of his loan account within a period of two weeks from today. The Opposite Party No.2 shall consider the proposal of the present Petitioner, if acceptable. However, the Opposite Party No.2 shall deal with the issue as per banking norms and R.B.I. guidelines. 7. As an interim measure, it is directed that the no coercive action shall be taken against the present Petitioner till the proposal of the Petitioner is disposed of by the Opposite Party No.2. 8. Accordingly, the Writ Petition is disposed of. (Dr. Sanjeeb K Panigrahi) Judge Sumitra