Seshadev Malik v. Indusind Bank Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.5623 of 2022 Seshadev Malik ....

Petitioner -versusIndusind Bank Ltd. & others ....

Opposite Parties

CORAM:

THE JUSTICE S.PUJAHARI

ORDER

06.05.2022 01.

1. This matter is taken up through Hybrid mode. Order No.

2. The Petitioner has filed this writ petition seeking a direction to the Opposite Party-Bank to release the vehicle bearing registration number OD-04-L-9166 on payment of the outstanding dues and he will go on paying the current instalments.

3. However, during the course of hearing, Mr. Mishra, learned counsel for the opposite party-Bank submits that he has no instruction what are the outstanding dues of the Petitioner. He further submits that the proceeding under Section 51(5) of the M.V Act is going on.

4. In the rejoinder, learned counsel for the Petitioner submits that the Petitioner will approach the opposite party-Bank by way of filing a representation with the aforesaid proposal and the opposite party-Bank may be directed to dispose of the representation made by him within a stipulated period.

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5. Considering the facts and the submissions made, this Court disposes of the writ petition giving liberty to the Petitioner to file a representation ventilating his grievance before the opposite party-Bank within fifteen days from today. If such a representation is filed, the opposite party-Bank shall take an informed and considered decision on the representation of the Petitioner not later than one month from the date of filing of the representation and intimate the decision thereof to the Petitioner immediately. Till the disposal of the representation, no third party interest shall be created in respect of the aforesaid vehicle, which is in possession of the opposite partyBank.

6. Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge PKS