Pravat Ranjan Behera v. The Manager, Tata Motors Finance Ltd., Jajpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 22727 OF 2022 Pravat Ranjan Behera ....

Petitioner Mr. Kalpataru Khunitia, Advocate on behalf of Mr. Baishnabi Das, Advocate -versusThe Manager, TATA Motors Finance Ltd., Jajpur and others ....

Opp. Parties Mr. Rama Chandra Panigrahi, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

06.12.2022 5.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ application prays for a direction to the Opposite Party Nos. 1 and 2-Financer to accept the amount of Rs. 1,50,000/- towards defaulted due including overdue charges and to allow him to make payment of future EMI regularly in respect of the vehicle bearing Registration No. OD-05-AR-0038 (Truck).

3.

Counter affidavit has been filed by the Opposite Party Nos. 1 and 2-Financer.

4.

Mr Panigrahi, learned counsel for the Financer submits that since the Petitioner has not approached the Financer with the aforesaid request, the prayer made in this writ petition is not maintainable.

5.

Mr. Khuntia, learned counsel being authorized by Mr. Baisnabi Das, learned counsel submits that the Petitioner is ready and willing to approach the Financer with the request, as aforesaid.

// 2 // 6.

In view of the submissions made by learned counsel for the parties, this writ petition is disposed of with a direction that in the event the Petitioner approaches the Financer with the aforesaid request, the same shall be considered in accordance with law.

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

.

(K.R. Mohapatra) Judge Deepak