The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25941 of 2022 Babita Nayak Petitioner Mr. Aurovinda Mohanty, Adv. …. State of Odisha and Ors. …. Opposite Parties -versus- Mr. Debasish Nayak, AGA Mr. Pravakar Behera, Adv. (SC for Transport) Mr. Nalini Kanta Dash, Adv. (for O.Ps.3 & 4) CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 14.08.2023 12. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In this Writ Petition, the Petitioner assails the Notice dated 29.08.2022 issued by the Opposite Party No.2/ Registering Authority, Odisha Motor Vehicle Department, Cuttack requesting her to surrender the Certificate of Registration of the vehicle bearing Registration No.OD05AV5465 and the order dated 21.09.2022 passed by the Opposite Party No.4/ Authorized Signatory, Sundaram Finance Limited, Link Page 1 of 7 Signature Not Verified
Legal Reasoning
Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:17:12 // 2 // Road, Cuttack proposing her to sale the said vehicle on auction. 4. Learned counsel for the Petitioner submits that in order to augment her income to maintain her family, purchased TATA 709/42 WB Star School Bus from the Opposite Party Nos.3 and 4/ Finance Company. 5. After purchasing the said vehicle, the same was registered under the Opposite Party Nos. 1 and 2 bearing registration No.OD-05AV-5465 dated 14.02.2020. The said vehicle was purchased in the invoice value of Rs.22,09,630/- vide loan agreement No.P038000176, out of which down payment was paid by the Petitioner as advance money of an amount of Rs.7,09,630/-. Therefore, the total loan amount due against the Petitioner was Rs.15,00,000/-. But out of the said loan amount, less subvention as per the scheme was given by the Opposite Party/Finance Company of an amount of Rs.2,80,950/-; thereby the delivery order value remained as Rs.12,19,050/-. 6. Out of the said loan amount, the monthly EMI was fixed at Rs.32,600/- and the same was to be paid in 46 instalments. But the last EMI was of Rs.31,600/- to be paid by the Petitioner. Page 2 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:17:12 // 3 // 7. After purchasing the said vehicle, though the same was registered on 14.02.2020 and the vehicle was looking after by the husband of the Petitioner, but unfortunately the husband of the Petitioner was died on 19.04.2020. As a result, the Petitioner due to said serious shock and jolt of untimely death of her husband could not recover properly. As a result of which, the Petitioner remained in comma for certain times and thereafter she was unable to recollect anything. Therefore, the business prospect of the Petitioner in plying the said vehicle was come stand still. 8. After purchasing the vehicle vide agreement dated 20.02.2020 and due to untimely death of her husband on 19.04.2020 and due to outbreak of the COVID-19 pandemic, the entire glove engulfed in the said pandemic. As a result of which there was certain irregularity in payment of monthly EMI against the said vehicle. So, taking advantage of the same, the Opposite Party Nos.3 and 4/Finance Company initiated an Arbitration Proceeding bearing No.SSP/SF-MCCI/272 of 2021 dated 13.12.2021 at Chennai. 9. It is further submitted that though the Petitioner was purchased the vehicle from Opposite Party No.3, which is situated in the City of Cuttack and the agreement was Page 3 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:17:12 // 4 // executed there, but Arbitration Proceeding was initiated at Chennai; wherein the notice was issued on 30.12.2021 for filing of reply statement to which the Petitioner was submitted a reply through post on 24.01.2022. 10. Pursuant to the said reply under Annexurer-7, the Petitioner was sought for time to file written statement but without providing any opportunity, one I.A. was filed bearing No.453 of 2022 seeking permission to sale the said vehicle and appropriate the sale-proceed amount towards the loan amount. In the said notice, it has further observed that as per the report of the Advocate Commissioner dated 05.05.2022, the vehicle was seized by the Opposite Parties/Finance Company. 11. It is further submitted that after the said seizure of the vehicle by the Opposite Party Nos.3 and 4/ Finance Company, without any free seizure intimation, the vehicle was seized from the garage of the M/s. Trupti Automatives, Jagatpur Cuttack, where the vehicle was kept for necessary repair and service. But, before delivery of the said vehicle by the said Trupti Automatives, the Opposite Parties/Finance Company in connivance with local police, illegally and arbitrarily seized the vehicle which is against the settled principle of law. Page 4 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:17:12 // 5 // 12. After the said seizure without the knowledge of the Petitioner, the Opposite Parties/ Finance Company approached the Opposite Party No.2 for transfer of Registration. Accordingly, a notice dated 29.08.2022 was issued to the Petitioner by the Opposite Party No.2; wherein the Opposite Party No.2 had mentioned that the Opposite Party No.3 has reported that they have taken possession of the motor vehicle bearing registration No.OD-05AV-5465 owing to default under the said agreement. Furthermore, the Opposite Party No. 2 had also mentioned that the Petitioner had refused to deliver the certificate of registration to the said Finance Company as well as further indicated that the Petitioner had absconded. So, after getting such notice, in a belated date, the Petitioner became astonished and thereafter, when the Petitioner verified from the garage of the Trupti Motors, Jagatpur, she came to know that the vehicle was in fact not available. So, the Petitioner became confirm about the said illegal and arbitrary seizure. 13. It is further submitted that the Opposite Party No.4 issued letter dated 21.09.2022 to the Petitioner indicating therein that they are proposing to sale the vehicle as is where the condition for which they have given Page 5 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:17:12 // 6 // ultimatum to the Petitioner to settle the account on 27.09.2022; otherwise the vehicle will be sold to third party. 14. After coming to know about such action of the Opposite Parties/Finance Company in connivance with the Opposite Parties/ Registering Authority, though the Petitioner was contacted with the Opposite Party No.3/Branch Manager for necessary cooperation, the said Opposite Party No.3 refused to cooperate her. 15. As a result, the Petitioner submitted representation dated 26.09.2022 personally with a request not to sale the vehicle and to provide some time to repay the loan outstanding. But, when the said opposite parties did not give any proof of acknowledgement of receipt. The Petitioner sent the said representation through registered post to Opposite Party No.3 on 28.09.2022. But, no action has been taken on the said representation by the authority. Therefore, the Petitioner is compelled to file this Writ Petition. 16. Learned counsel for the Opposite Parties/ Finance Company and the Opposite Parties/Registering Authorities submit that if the Petitioner approaches the Page 6 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:17:12 // 7 // authority afresh, the authority shall consider her grievance. 17. In such view of the matter, without going into the merit of the claim of the Petitioner, this Writ Petition is disposed of directing the Petitioner to approach the authority concerned by way of a fresh representation ventilating her grievances within a period of one month from today. On such event, the authority concerned shall consider and dispose of the representation to be filed by the Petitioner in accordance with law, by giving the Petitioner an opportunity of hearing, and pass a reasoned order within a period of four weeks from the date of submission/ presentation of the representation by the Petitioner.
Decision
18. Accordingly, this Writ Petition is disposed of. 19. Urgent certified copy of this order be granted on proper application. Judge (Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:17:12 Page 7 of 7