Babita Nayak vs State Of Odisha And Others

Arindam Sinha, J

I.A. No.13663 of 2022

Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, his client purchased a vehicle under loan from the finance company, in year 2020. Soon thereafter her husband died and there was default. The finance company initiated arbitration proceeding in Chennai. His client made application dated 27th January, 2022, for two months’ time to file defence statement citing Covid-19, as had rendered it not possible on their part to obtain advice and take steps in the proceeding. The finance company moved the arbitrator to obtain order for taking possession of the vehicle and thereafter got issuance of impugned notices dated 29th August, 2022 and 21st September, 2022 regarding sale of the vehicle.

He submits, his client was not given copy of the agreement containing alleged arbitration cause. Seizure list was also not made available. The finance company has moved in a high handed manner. He submits by impugned notice dated 21st September, 2022 the finance company said, highest quotation received was of Rs.10 lakhs and deduction of Rs.7,10,000/- on account of RTO expenses and insurance.

Mr. Behera, learned advocate, Standing Counsel appears on behalf of Transport Department and submits, he will accept notice from opposite party nos. 1 and 2. Mr. Mohanty submits, service will be made by tomorrow.

Issue notice along with this order on opposite party nos. 3 and 4 by registered/speed post with AD. Petitioner will put in requisites.

In the meantime status quo be maintained in respect of the vehicle bearing registration no.OD-05AV-5465 till next date.

List on 9th November, 2022.

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