| Revision Petition No. RP/51/2022 | | ( Date of Filing : 01 Aug 2022 ) | | (Arisen out of Order Dated 05/07/2022 in Case No. CC/129/2022 of District Jagatsinghapur) |
| | | | 1. Manager, Tata Motors Finance Limited., | | Sambalpur Branch Office, At- Aintha Pali, Near Traffic Chhak, Po/Ps- Ainthpali, Dist- Sambalpur. | | 2. Manger, Tat Motors Finance Limited,., | | At- Keshari Complex, Kharvel Nagar, Unit-9, Bhubaneswar, Dist- Khurda. | | 3. Manager, Tata Motors Finance Limited., | | unit-4B1 to 4B 7, 4th Floor, High Land Corporate Centre, Kapurbwdi Junction, Above Big Bazar, Thane, West Mumbai, Maharastra. |
| ...........Appellant(s) | |
| Versus | | 1. Madan Kumar Jaypuria | | S/o- Kritik Jaypuria, Vill- Baraght, G.P. Kendujuri, Ps- Riamal, Dist- Debagarh, At present At/Po/Ps- Kujanga, Dist- Jagatsinghpur. |
| ...........Respondent(s) |
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| Final Order / Judgement | M.C.No.480 of 2022 R.P.No. 51 of 2022 Heard learned counsel for the petitioner. 2. It is submitted by the learned counsel for the petitioner that the learned District Forum, Jagatsinghpur in Misc. Case No. 111 of 2022 arising out of CC No. 129 of 2022 without assigning any reasons and without going through the agreement made between the parties passed the interim order. It is also submitted that the Commission has no power to rewrite contract. Learned counsel for the petitioners drew the attention of the learned District Commission that huge arrear outstanding is against the complainant. He also drew attention of the commission that the learned District Commission directed to release the vehicle after depositing 30% of the outstanding dues by the complainant. Therefore, he submitted to set aside the interim order dated 5.7.2022 passed by the learned District Commission. 3. Considered the submission of the learned counsel for the petitioner and perused the interim order. 4. The aforesaid order does not disclose the reasons for which 30% of the EMIs due as on 5.3.2022 shall be paid to the petitioner for release of the vehicle. It is well settled in law that every finding of the court must be with rational reasons. Here, the interim order does not disclose basing on which materials the aforesaid direction has been given by the learned District Commission. No doubt the court has no power to rewrite the contract. It is settled principle of law that the judicial order should be passed with rational reasons by the learned District Commission. Hence, the revision petition is disposed of by directing the learned District Commission to hear both the parties and pass speaking order within a period of 45 days from the date of receipt of this order. The petitioner is directed to produce the copy of this order before the learned District Commission on 29.08.2022 to take further instruction from it. 5. Revision Petition is disposed of accordingly. Till disposal of Misc.Case No. 111 of 2022, the interim order dated 5.7.2022 passed by the learned District Commission, Jagatsinghpur is stayed. | |
