Sunakar Behera vs Regional Manager, RBI, BBSR And Others

Arindam Sinha, J

Mr. Padhi, learned advocate appears on behalf of petitioner and submits, prayer of his client is for issuance of direction upon the bank to restructure Equated Monthly Installment (EMI) payments due.

Mr. Panigrahi, learned advocate appears on behalf of opposite party no.2 and submits, in petitioner’s earlier writ petitions there was order dated 8th April, 2022 of coordinate Bench, directing petitioner to deposit 50% of default EMIs, liquidation of balance default and payment of current EMIs falling due. Petitioner is in effect seeking modification of said order.

Perused order dated 8th April, 2022 made in petitioner’s earlier two writ petitions. Paragraph no.5 from said order is reproduced below.

“On consideration of the aforesaid facts and submissions made, this Court directs that if the Petitioner would pay 50% of the outstanding amount on as 31st  March, 2022 within one month hence by account payee bank draft in respective of the aforesaid vehicles and also deposit three defaulting installments in working capital due in both the counts and undertakes to pay rest of the outstanding in six equal installments along with regular installment every month in respect of the vehicles, the aforesaid vehicles be released in his favour subject to the condition that he shall keep the aforesaid vehicles in good condition and also make the same available for inspection of the Opposite Party No.2-Financer as and when required and kept in good running condition, violation of the same shall expose the Petitioner to the contempt jurisdiction of the Court and entitle the Opposite Party No.2-Financer to repossess the vehicles in the manner known to law.”

Petitioner’s prayer is clearly for modification of said order dated 8th April, 2022. Said order was passed by the learned judge, available. In the circumstances, the writ petition is released from the list. Petitioner will take steps to have assignment.

...........................................