Orissa High Court
Md. Anwar vs The Chief General Manager-In-Charge on 8 January, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13410 of 2016
Md. Anwar .... Petitioner
None
-versus-
The Chief General Manager-in-Charge, .... Opposite Parties
Department of Banking Operation and
Development, Reserve Bank of India &
others
Ms. Bodi Puja, Advocate on behalf of Mr. Nalini
Kanta Dash, Advocate (for O.P. No.3)
Mr. Pravakar Behera, Standing Counsel
for Transport Department (for O.P.4)
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
09. 08.01.2025
This matter is taken up through Hybrid Mode.
2. None appears for the petitioner at the time of call.
3. Perused the materials available on record.
4. The petitioner has approached this Court by way of filing this
writ petition invoking extraordinary jurisdiction under Articles 226 &
227 of the Constitution of India with the following prayer(s):-
"In view of the above facts and circumstances, the petitioner,
therefore, prays this Hon'ble Court would graciously be pleased
to admit this writ application and issue rule NISI calling upon the
Opp. Parties to show cause as to why the seizure of vehicle on
7.6.2016 under Annexure-4 shall not be declared as illegal and be
quashed and if the Opp. Parties fail to show cause or show
insufficient cause make the said Rule NISI absolute;
(i) why their aforesaid action in forcible seizing/taking away
the Truck i.e. TATA LPT 2515 bearing Regd. No.OR 21 C
6386 of the petitioner shall not declared as illegal;
(ii) why the Opp. Party No.3 shall not be directed to release the
truck of the petitioner in his favour immediately.
(iii) The Opp. Party No.3 shall not be directed to issue suitable
guidelines as per the judgments of the Hon'ble Apex Court
pronounced in case of Manager ICICI Bank Vrs. Prakash
Kour and others reported in (2007) 36 OCR (SC) 815, to be
followed by the private financiers before repossessing the
secured assets and also;
And pass such other writ/writs, direction/directions,
order/orders as the Hon'ble Court may deem fit and
proper.
And for this act of kindness, the petitioner as in duty
bound shall ever pray."
5. Ms. Bodi Puja, learned counsel on behalf of Mr. Nalini Kanta
Dash, learned counsel appearing for opposite party no.3 furnished copy
of the loan account statement of the petitioner and submitted that the
matter has been rendered infructuous in view of the fact that the account
has already been closed and „No Objection Certificate‟ (NOC) has been
issued to the petitioner on 31.07.2016. The said copy of the loan account
statement furnished in Court be kept on record. For ready reference,
relevant portion of the said document furnished by Ms. Bodi Puja,
learned counsel on behalf of Mr. Nalini Kanta Dash, learned counsel
appearing for opposite party no.3 is quoted hereunder:-
"
PDD Details
Agreement No Make Reg. INV Insurance RC NOC
No. Date
XVFPCHK00000942373 TATA OR-21- No Yes Yes 31/07/2016
LPT C-6386
"
6. In view of such submission, the writ petition stands disposed of
as infructuous.
Signature Not
Verified
Digitally Signed (M.S. Raman)
Signed by: MANORANJAN SAMAL
Designation: PERSONAL
ASSISTANT Judge
Reason: Authentication
Location: Orissa High Court,
Cuttack
MRS
Date: 08-Jan-2025 16:57:09
