DILESWAR @ DULESWAR SA v. THE CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., CHENNAI
WP(C)/6473/2026 · 2026-03-10
B P Routray
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 6350 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6350 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6473 of 2026
Dileswar@Duleswar Sa …. Petitioner Mr. S. Dash, Advocate -versus- The Cholamandalam Investment & Finance Company Limited, Chennai and others …. Opposite Parties Mr. N.K. Das, Advocate for O.P. Nos.1 & 2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER 10.03.2026
Order No.
02. 1. Heard Mr. S. Dash. learned counsel for the Petitioner and Mr. N.K. Das, learned counsel for the Opposite Parties 1 & 2. 2. Irrespective of the dispute, the Petitioner has admittedly repaid a total amount of Rs.5,23,888/- to the financier towards the advance loan amount of Rs.3,24,166.45 paise in respect of the vehicle bearing Regd. No.OD-8A-3524 (Bolero Maxi Truck STD)
3. As submitted by Mr. S. Dash, learned counsel for the Petitioner that the Petitioner is the driver-cum-owner of the vehicle, who purchased the same through auction on finance. It is also submitted that the Petitioner in good faith has given monthly instalment amount to the agent of Opposite Party-Financier, but he did not deposit the 65th instalment (last instalment) amounting to Rs.5,500/- and for this reason, the vehicle has been repossessed by the Opposite Parties-Financier on 13th December 2025. 4. Mr. N.K. Das, learned counsel for Opposite Parties 1 & 2- Financier submits that as per the calculation, the total outstanding Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Mar-2026 18:44:24 Signature Not Verified p. 2 dues on the Petitioner as on date is Rs.1,12,470/- including delay payment charges and other charges. 5. Upon hearing both parties and considering the financial status of the Petitioner including the facts that, he has cleared 64 EMIs out of total 65 EMIs and that he has already paid a substantial amount as on date to the Opposite Parties-Financier and that the only defaulted amount as per the last EMI is Rs.5,500/- which according to the Petitioner has been taken by the agent but not deposited before the authority, it is directed that on deposit of Rs.45,000/- (rupees forty-five thousand) in two equal instalments to be paid within a gap of twenty days by the Petitioner, his vehicle shall be released immediately in his favour. In the event of payment of the first instalment, the vehicle of the Petitioner may be released immediately with the condition that non-payment of 2nd instalment within twenty days thereafter will authorise the Opposite Parties to repossess the vehicle again. It goes without saying that upon clearing up the amount as afore-stated, the No Dues Certificate in respect of the vehicle may be issued in favour of the Petitioner. 6. The writ petition is accordingly disposed of. 7.
An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge
B.K. Barik