M.C.No. 561 of 2023

R.P.No. 63 of 2023

          Heard learned  counsel for the petitioner.

2.      Learned counsel for the petitioner submitted that they have challenged the ex parte order dated  11.05.2023  which was passed by the learned District Commission, Sundargarh-II,Rourkela in I.A.No. 54/2023 arising out of C.C.CaseNo. 86/2023  and without hearing the O.P. the learned District Commission has  passed the order and disposed of the interim application although he is required to dispose of the case U/S 38(8) of C.P.Act,2019.He also submitted that the impugned order has been passed without going through the fact and issues. Therefore, he filed the present revision petition to set aside the impugned order dated  11.05.2023 passed by the learned District Commission.

3.      Considered the submission. Perused the impugned order. The impugned order passed by the learned District Commission is as follows:-

“xxx                         xxx                          xxx

Complainant has also filed a petition u/s 38(8) of C.P.Act,praying for interim order, directing the O.p-finance company not to seize his vehicle vide Regd.No.OD-02BC-2050 till disposal of the C.C.Case.Advocate for the complainant submits that during the course of repayment ,OP’s personnels aver to seize the vehicle despite payment. Heard and satisfied and convinced that the circumstances at present of the matter warranting to grant of interim relief which would be justified as the case for an interim relief has been made out and the exigency of the situation demands that an interim relief is must in the interest of justice and in the facts and situation obtained in this particular matter

Therefore,direrct the above named opposite parties not to seize the vehicle bearing Regd.No.OD-02BC-2050 of the complainant till filing of written version.Complainant shall pay the regular  EMIs.”

4.   Therefore,we are not inclined to interfere with the impugned order passed purportedly U/s 38(8) of C.P.Act, (hereinafter called the ‘Act’). It appears from the record that this impugned order passed  for filing of written version by the O.P.The  order is presented before us. Therefore, the O.P. who is present petitioner is directed to file written version within 45 days and place all the materials as raised before us before the learned District Commission. We hereby direct the learned District Commission to hear both parties and pass speaking order  in accordance with law within 30 days from the date of receipt of this order. The petitioner is directed to appear before the learned District Commission on  26.6.2023 to take further instruction from it.

5.      Revision petition is disposed of accordingly.