Amulya Mohanty v. Rm., Rbi, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8625 of 2022 Amulya Mohanty ....

Petitioner(s) Mr. B.M. Sarangi, Advocate -versusRegional Manager, RBI, BBSR & Anr.

....

Opposite Party(s) Mr. R.C. Panigrahy, Advocate for O.P.2

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

07.04.2022 01.

1.

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, as reported in (2006) 2 SCC 598, in the case of ICICI Bank Ltd. Vrs. Prakash Kaur and others as reported in (2007) 2 SCC 711 and in the case of Citicrop Maruti Finance Ltd. Vrs. S. Vijayalaxmi, as reported in (2012) 1 SCC 1, this Court finds no scope for interfering in such matters.

2.

However, considering the willingness of the Petitioner to deposit 50% of the outstanding dues as on date, this Court directs, if the Petitioner deposits 50% of the whole outstanding dues and submits an application for re-phasement of the balance amount within a stipulated time, the same amount may be accepted and a

// 2 // lenient decision may be taken for releasing the seized vehicle of the Petitioner in question.

3.

It is the responsibility of the Petitioner to serve a copy of this order along with a copy of the writ petition on the Opposite Party No.2.

4.

With the aforesaid direction the writ petition stands disposed of.

(Biswanath Rath) Judge Ayaskanta Jena