Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 01-Aug-2024 19:03:37
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 17972 OF 2024
….
Pradyumna Kumar Biswal Petitioner
Mr. Niranjan Singh, Advocate
-versus-
….
State of Odisha and others Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 31.07.2024
1. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for a direction to
release his vehicle bearing Registration No.OD 02 AU 5239
(GRAND I 10 VTVT AT ASTA D) on payment of amount as
demanded by the Branch Office, HDFC Bank Limited at Shanti
Niketan Building, Chaudhary Bazaar-Opposite Party No.3 in its
th
letter dated 17 July, 2024 (Annexure-7).
3. Mr. Singh, learned counsel submits that the Petitioner has
purchased the aforesaid vehicle taking financial assistance from
Opposite Party No.3. The vehicle has been seized for non-
th
payment of EMIs regularly. By issuing letter dated 17 July,
2024 at Annexure-7, the Bank has made a demand of
st
Rs.3,31,549.24/- to be paid by 31 July, 2024 failing which the
vehicle might be put to auction. It is submitted by Mr. Singh,
learned counsel that the Petitioner is ready and willing to pay the
th
aforesaid amount by 6 August, 2024. Hence, a direction may be
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Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 01-Aug-2024 19:03:37
made to release the vehicle in favour of the Petitioner on
payment of the aforesaid amount.
4. Taking note of the submission made by learned counsel
for the Petitioner, this Court is of the considered opinion that
since the Petitioner is interested to clear up the outstanding dues
as demanded at Annexure-7, he should be given an opportunity.
st
It appears that the amount was directed to be deposited by 31
July, 2024. However, the Petitioner undertakes to pay the same
th
by 6 August, 2024.
5. In view of the above, this Court disposes of the writ
petition with a direction that in the event, the Petitioner makes
payment of Rs.3,31,549.24/- (Rupees three lakh thirty one
thousand five hundred forty nine and two four paisa) to the
Branch Office, HDFC Bank Limited at Shanti Niketan Building,
th
Chaudhary Bazaar-Opposite Party No.3 by 6 August, 2024, it
shall consider release the aforesaid vehicle in favour of the
Petitioner forthwith.
6. Since the writ petition is disposed of without issuing
notice to Opposite Party Nos.2 and 3, they are at liberty to seek
for variation of this order, if they feel aggrieved.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
ms Judge
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