Baidhar Behera v. Bm, Tata Motore Finance Ltd., Jajpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 25386 OF 2022 Baidhar Behera ....

Petitioner Mr. Biswajit Tripathy, Advocate -VersusBranch Manager, Tata Motors Finance Ltd., Jajpur Road and others ....

Opp. Parties Mr. Rama Chandra Panigrahi, Advocate (For Opp. Party Nos.1 to 3-Financer)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.10.2022

2. 1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to release the vehicle bearing Registration No.OD-04-M-4595 (Truck).

3.

Mr. Panigrahi, learned counsel for Opposite PartiesFinancer submits that the vehicle bearing Registration No.OD04-M-4595 (Truck) has already been sold in the meantime complying with the provisions of Motor Vehicles Act, 1988 and the Rules framed thereunder. He also refers to the notice to the Petitioner for change of ownership in Form No.37 as at Annexure-3. Referring to Annexure-4, Mr. Panigrahi, learned counsel also submits that the Petitioner has already approached the District Consumer Disputes Redressal Forum, Cuttack in C.C. Case No.05 of 2022. Hence, this writ petition is not maintainable.

// 2 // 4.

In that view of the matter, the prayer made in this writ petition cannot be granted.

5.

Accordingly, this writ petition is disposed of with an observation that the Petitioner, if so advised, may work out his remedy in accordance with law.

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

bks (K.R. Mohapatra) Judge