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2025 DAILYLAW 6095 (ORI)

ASHISH DASH v. M/S.BAJAJ FINANCE LTD., BBSR

WP(C)/36011/2025 · 2026-05-13

B P Routray

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.36011 of 2025 Ashish Dash …. Petitioner Mr. S.P. Mishra, Sr. Advocate along with Mr. S.K. Sahoo, Advocate -versus- M/s. Bajaj Finance Limited, Madhusudan Nagar, Bhubaneswar and Another …. Opposite Parties Mr. R. Panigrahy, Advocate for O.P. No.1 CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 13.5.2026 Order No. 08. 1. Heard Mr. S.P. Mishra, learned senior counsel for the petitioner and Mr. R. Panigrahi, learned counsel for opposite party No.1. 2. The petitioner is a loanee and due to his failure of payment of the loan amount, the matter was referred to the Arbitrator. The sole Arbitrator in Arbitration Proceeding No. PGDS/Arb/Del/5/2025/ D160815 has passed an interim order on 16th October, 2025 under Annexure-2 directing the petitioner to deposit a sum of Rs.15,19,657/- within 15 days and in the event of failure on the part of the petitioner the direction will be given to the Banker to freeze his accounts. Said order of the learned Arbitrator is the subject matter of challenge in present writ petition. 3. In course of hearing it is submitted on behalf of the petitioner, and agreed by Mr. Panigrahi, learned counsel for the Banker, that the petitioner will deposit an amount of Rs.7,24,000/- towards full and final settlement of repayment of loan amount. Further, to enable the Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 13-May-2026 18:32:03 Signature Not Verified p. 2 petitioner to deposit the amount, the accounts of the petitioner which were freezed are required to be de-freezed wherein a total sum of Rs.6,45,000/- is available as on today. 4. Accordingly, in terms of the settlement agreed by both parties, the writ petition is disposed of permitting opposite party No.1, i.e. the NBFC, to realize total amount of Rs.6,45,000/- kept in petitioner’s accounts bearing No.924010027586503, 920010000641351 and 921010034323934 maintained in Axis Bank, and Account No. 0255104000095284 maintained in IDBI Bank, as mentioned in detail in I.A. No.8357 of 2026. The total amounts deposited in such accounts shall be transferred to the loan account of the petitioner bearing No.423SPFGM297703 and P423PGD12481051 maintained with opposite party No.1 immediately upon receipt of certified copy of this order. Further the petitioner shall deposit the balance amount to adjust a total amount of Rs.7,24,000/- within a period of 30 days from today. 5. It is also undertaken by Mr. Panigrahi, learned counsel for opposite party No.1 that upon receipt of entire amount as mentioned above, the arbitration proceeding shall be withdrawn. 6. With aforesaid observation and direction the writ petition is disposed of. ( B.P. Routray) Judge M.K.Panda