(Out of Execution Case No. 08 of 2011 against the C.C No. 27 of 2010)

Ordered dated 25.02.2015.

                    The case record is put up today as it is fixed for hearing and consideration of the petition under section 13 (3-B) of the Cp Act as filed by the petitioner Suresh Kumar Jasuja, praying for release of the seized vehicle kept under the custody of the Ops. Advocate on behalf of the Ops appeared before the Forum by filing V. Nama with preliminary objection enclosing account statement for hearing.   

                   Heard the case from both side peruse the petition and objection with account statement filed by the Ops, we could ascertain that, the loan dispute towards finance of vehicle bearing Regd. No. OR 16 B 2985 between the parties has already been disposed of by this Forum earlier on dated 09.07.2010 in C.C. No. 27 of 2010. Execution proceeding in relation to the order of aforesaid case is pending before the Forum and in the mean time during pendency of the execution preceding the aforesaid finance vehicle has been seized/ repossessed by the Op on dated 22.01.2015. On verification of the account statement as filed by the Op it is found that, the total amount of Rs. 44,450.89 towards overdue instalment is outstanding against the petitioner. However the seized vehicle is the only earning sources of the petitioner, he is ready to repay the outstanding overdue instalment as in the account statement for release his vehicle to the financer.

                  Considering the fact and circumstances of this case as above in the present situation looking the apprehension of damage of the vehicle during pendency of the proceeding of execution, it appears in our minds to it necessary to pass interim order to release the seized vehicle of the petitioner is just and proper. Hence the interim petition filed by the petitioner for-release of the seized vehicle, TATA SK 1613 bearing Regd. No. OR-16 B-2985 by the Op 3 is allowed subject to payment of agreed overdue instalment of Rs. 44,450.89. The Op No. 3 is also directed to release the aforesaid seized vehicle to the owner of the vehicle within 7 days after receipt of this order on payment of Rs. 44,450.89 towards overdue instalment by charging no any other dues with execution of proper Zimanama, as the matter is sub-judice before the Dist. Consumer Forum, Sundargarh-1.

                              Copy served to the Op. No. 3, Branch Manager, Tata Motor Finance, Branch Office at Uditnagar,Near Old Police Station, Ps. Uditnagar, Rourkela, Dist. Sundargarh for favour of information and report for compliance after release the seized finance vehicle.                                                                                                  

                                        Accordingly Misc. Case is disposed of.