Cholamandalam Investment And Finance Comp Ltd,Bbsr v. Rto,Jharsuguda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.5917 of 2016 Cholamandalam Investment & Finance Company Ltd.

.....

Petitioner Mr. N.K. Dash, Adv.

Vs.

RTO, Jharsuguda and another .....

Opposite Parties Mr. P. Nayak, SC

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE S.K. MISHRA

ORDER

11.08.2022 Order No.

05.

This matter is taken up through hybrid mode.

2.

Heard Mr. N.K. Dash, learned Counsel for the Petitioner and Mr. P. Nayak, learned Standing Counsel for the Transport Department.

3.

Mr. P. Nayak, learned Standing Counsel appearing for the Transport Department produces the letter dated 04.08.2022 received from the Regional Transport Officer, Jharsuguda, which states as follows:

" With reference to the letter on the subject cited above, I am to say that Hon'ble High Court has passed an interim order dated 05/04/2016 in connection to WP(C) No.5917 of 2016 (Chholamandalam Finance Vrs RTO, Jharsuguda) that the petitioner should deposit an amount of Rs.1,30,000/- in respect of vehicles in Sl No.31, 36, 40, 46 and 88 in connection the auction sale notice No.1080 dt.22.03.2016. But till date no amount has been received by this office from Choalamandlam Invest Fin. Co. Ltd.

Further I am to say that after physical verification made by the TSI, Jharsuguda on 4/08/2022 in the Lexus lectronic stack yard, the vehicle mentioned in Sl No.31-(OR23E 4283), 36-(OD23 8878), 40-(OR15S 7838), 46-OR15P 6899), and 88-(OR16D 9475) are not found at the above yard where the vehicles of Chalamandalam Invest Fin. Co. Ltd has to be station."

4.

In view of the above, this Court is not inclined to entertain this Writ Petition as the Interim Order dated 05.04.2016 passed in Misc. Case No.5462 of 2016 has not been complied till date. 5.

Accordingly, the Writ Petition stands dismissed. The Interim Order dated 05.04.2016 passed in Misc. Case No.5462 of 2016 stands vacated.

Alok/Padma (DR. B.R. SARANGI) JUDGE (S.K. MISHRA) JUDGE