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Orissa High CourtWP(C)/7324/2022disposed off

Pratika Kumar Dash v. Reserve Bank Of India,Bbsr

2022-09-22Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 7324 OF 2022 Pratika Kumar Dash ....

Petitioner Mr. Kuresh Prasad Dash, Advocate -versusReserve Bank of India, Bhubaneswar and others ....

Opp. Parties Mr. Jyoti Pattnaik, Advocate (For Opp. Party Nos.3 to 5)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.09.2022 4.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for the following relief:

"It is therefore prayed that, your Lordship may graciously be pleased to issue appropriate writ(s)/direction(s) to grant the following reliefs enumerated hereunder:

(i) To hold and declare the action of the Opp.

Party No.5 in attempting to seize/re-possess the vehicle of the petitioner is not accordance with the master circular dtd. 2.7.2012 issued by R.B.I. vide Annexure-2.

(ii) To direct the O.P. No.5 not to take any coercive action against the vehicle of the petitioner and consider the loan amount for rephasement. (iii) To direct the O.P. No.5 not to penalize nor seize the vehicle as the petitioner has already paid the installment dues.

(iv) And pass any other order(s)/relief(s) as the petitioner is otherwise entitled to, as may deem just and proper;

And for this act of kindness, the petitioner shall as in duty bound, ever pray."

// 2 // 3.

In view of the counter affidavit filed, this writ petition is not maintainable against the private financer. Accordingly, the writ petition stands dismissed.

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

(K.R. Mohapatra) Judge bks