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Orissa High CourtWP(C)/9635/2016disposed off

Pramod Ku.Sahoo v. Regional Manager,Rbi

2022-12-08Mr. Justice Jaswant Singh,Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9635 of 2016 Pramod Kumar Sahoo ....

Petitioner Mr. B.M. Sarangi, Advocate -versus- ....

Opp. Parties Regional Manager, Reserve Bank of India, Bhubaneswar, DistrictKhurda & Another None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 08.12.2022 (Hybrid Mode) 11.

1.

The petitioner is a defaulting borrower of a Order No.

loan amount availed for a sum of Rs.5,70,487/- in the month of March, 2012 from Shriram Transport Finance Company Limited, Chandikhole Branch, District-Jajpur/Opposite Party No.2 for purchase of a Truck. It is stated that the EMIs were regularly paid till the year 2016 when there were substantial defaults in the loan account.

2.

The simple prayer made in the present writ petition is for directing the Finance Company not to take coercive action for seizing the Truck without following the procedure of law as mandated by the Hon'ble Supreme Court in the case of ICICI Bank

// 2 // Limited V. Prakash Kaur & Others, reported in (2007) 2 SCC 711.

3.

Since the filing of the writ petition there has been no interim protection.

4.

At the time of hearing, learned counsel for the petitioner states that the present writ petition has become infructuous in view of the loan account has already been settled.

5.

In view of the above, the writ petition is dismissed as infructuous.

(Jaswant Singh) Judge (M.S. Sahoo) Judge AKK 8th December, 2022 Cuttack