SRINATH KUMAR DASH v. VICE PRESIDENT, CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD., CHENNAI
WP(C)/16028/2024 · 2025-10-14
S K Panigrahi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 73697 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73697 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 16028 of 2024
Sri Srinath Kumar Dash
..…... Petitioner(s) Mr. A.R. Majhi, Adv.
-Versus-
Vice-President, Cholamandalam Investment and Finance Company Ltd. & Ors.
……. Opposite Party(s) Mr. N.K. Dash, Adv.
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER 14.10.2025
Order No.
03. 1. This matter is taken up through hybrid arrangement. 2. In filing this Writ Petition, the Petitioner being the owner of the vehicle bearing No.OD-l0-S-6481 has challenged the communication dated 13th May, 2024/Annexure-2. Apart from the above challenge, the Petitioner has also sought for a direction from this Court to the Opposite Parties for permitting him to ply the above noted vehicle freely upon payment of defaulted EMIs. 3. Heard. 4. Learned counsel for the Petitioner submits that the Petitioner had purchased a Ashok Layland Tipper bearing Registration No.OD-10-S-6481 availing financial assistant from the Opposite Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 15-Oct-2025 18:28:49 Signature Not Verified
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Party No.1/Cholamandalam Investment and Finance Company Ltd. He further submits that the Petitioner had been paying EMIs regularly till February, 2023. He further submits that the vehicle was met with an accident and received multiple damages for which the Petitioner would not get a single pie. But, the Petitioner has paid 7 to 8 installments out of overdue amount during the period of repairing of the vehicle. 5. Learned counsel for the Petitioner further contends that the Petitioner has sent a representation on 06.05.2024 through e-mail to the Opposite Party No.1 for plying the vehicle on payment of current and defaulted EMIs. The said representation is still pending. 6. Considering the facts and circumstances of the case, this Court is of the view that though the Writ Petition is not maintainable, this Court disposes of this Writ Petitioner in the spirit of mediation. Accordingly, the Petitioner is directed to approach the Opposite Party No.1/Cholamandalam Investment and Finance Company Ltd. with a decent proposal which will be accepted by the Opposite Party No.1 within a period of one week from today. In such event, the Opposite Party No.1 shall consider the proposal, if any, and dispose of the same in accordance with law within a period of one month from the date of presentation of the proposal. If the Petitioner fails to do so within the time stipulated hereinabove, the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 15-Oct-2025 18:28:49
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Opposite Party No.1 is free to take action against the Petitioner as per law. 7. Accordingly, the Writ Petition is disposed of. ( Dr.
Sanjeeb K Panigrahi)
Judge Murmu Designation: P.A.