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2026 DAILYLAW 5079 (ORI)

AFROZ BEGUM v. AXIS BANK LIMITED, SAMBALPUR

WP(C)/773/2026 · 2026-01-09

S K Panigrahi

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 773 of 2026 Afroz Begum ..…... Petitioner(s) Mr. Kousik Ananda Guru, Adv. -Versus- Axis Bank Limited, Sambalpur ……. Opposite Party(s) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 09.01.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. The present Writ Petition has been filed by the petitioner with the following prayer: “In the aforesaid facts and circumstances, the petitioner humbly prays that this Hon'ble Court may be pleased to: ISSUE RULE NISI calling upon the opposite parties to show cause as to why a writ in the nature of mandamus/certiorari and/or any other appropriate writ/writs or order/orders and/or direction shall not be passed to reschedule the EMI after adjusting the EMI paid before delivery of the vehicle. AND ISSUE FURTHER RULE NISI calling upon the opposite parties to show cause as to why a writ in the nature of mandamus/certiorari and/or any other appropriate writ/writs or order/orders and/or direction shall not be passed to accept the a current EMI after reschedule. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 12-Jan-2026 14:13:00 Signature Not Verified 2 If the Opposite Parties fail to show cause or show inadequate or false cause, make the aforesaid rule nisi absolute. And pass such further order/orders as this Hon'ble Court may deem just and proper in order to provide the Petitioner Complete Relief.” 4. Learned counsel for the Petitioner submits that the Petitioner had availed a car loan of Rs.16,39,942/- from the Opposite Party/Bank for purchasing a four wheeler (Mahindra Scorpio) repayable in 60 monthly EMIs of Rs.35,086/-. He further submits that the Petitioner is paying EMIs regularly. But, the Petitioner has failed to pay the EMIs for the month of November and December, 2025, which meants the loan account is yet to be declared NPA. He further submits that the Opposite Party/Bank is threatening to seize the vehicle in question. Hence, the Petitioner is constrained to approach this Court. 5. In such view of the matter and taking into account the fact of the missing of the repayment schedule, this Court directs the Petitioner to approach the Bank with the overdue amount within a period of ten days from today. In such event, the Bank shall accept the overdue amount along with the prescribed penalty and interest and regularize the loan account of the Petitioner so that the Petitioner shall pay the regular installment. 6. It is further directed that till the date of payment of the overdue amount and regularization of the loan account of the Petitioner, Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 12-Jan-2026 14:13:00 3 no coercive action shall be taken in respect of the vehicle in question. 7. Accordingly, the Writ Petition is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.