Sudhansu Sagaria v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.2264 OF 2022 Sudhansu Sagaria ....

Petitioner Mr.D.R.Swain, Adv.

-versusUnion of India & Ors.

....

Opposite Parties Mr.P.Behera, SC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

27.1.2022 01.

1.

This matter is taken up through video conference. 2.

Heard learned counsel for the petitioner.

3.

This matter involves private finance. Following the decisions of the Hon'ble apex Court rendered in the cases of Orix Auto Finance (India) Ltd. Vrs. Jagmander Singh and another reported in (2006) 2 SCC 598, ICCI Bank Ltd. Vrs. Prakash Kaur & others, (2007) 2 SCC 711 and Citicorp Maruti Finance Ltd. vrs. S.Vijayalaxmi reported in (2012) 1 SCC 1, this Court finds no scope for interfering in such matters.

4.

However, considering the willingness of the Petitioner to deposit 50% of the outstanding involving defaulted E.M.I. as on date, it will be open to the Petitioner to approach the private financier, O.P.3 along with deposit of 50% of the outstanding involving defaulted E.M.I. as on date, within a period of two weeks, in which event, the private financer, O.P.3 shall do well in taking a

// 2 // lenient view in the matter of releasing the vehicle bearing Regn. Nos. OD-10-K-55302, OD-10-K-55303 and OD-10-K-55304 and re-phasing the rest of the outstanding dues with suitable installments. 5.

The writ petition stands disposed of with the aforesaid direction.

6.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout of the order available in the High Court's Website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020, modified by Notice No.4798 dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(Biswanath Rath) Judge