High CourtsDivision Bench(2022) 12 OHC CK 0089

Pramod Kumar Sahoo vs Regional Manager, Reserve Bank Of India, Bhubaneswar, Districtkhurda & Another

Orissa High Court · Decided on 8 December 2022

HON’BLE JUDGES
Jaswant Singh J · M.S. Sahoo, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.9633 Of 2016

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Judgment

6 paragraphs · 175 words
1.

The petitioner is a defaulting borrower of a loan amount availed for a sum of Rs.5,66,888/- in the month of October, 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 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.

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