M.C.No.92 of 2023
R.P.No. 13 of 2023
Heard the learned counsel for the petitioner.
2. Learned counsel for the petitioner submitted that on 26.09.2022 there was an conditional order passed by the learned District Commission to release the vehicle subject to payment of Rs.1,21,678/-paid by the complainant within seven days from the date of receipt of the order. The payment was not made within seven days but the complainant deposited Rs.1,21,678/- on 09.11.2022 which is towards outstanding dues. On the other hand, the learned District Commission without going through the order dated 26.9.2022 has passed order in Execution Case No. 08 of 2022. Therefore, he challenges the said impugned order.
3. Considered the submission. Perused the impugned order. Last portion of the impugned order dated 26.09.2022 passed by the learned District Commission is as follows:-
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“The Branch manager,Axix Bank, Sector-19 Branch,At.Sector-19,P.O.Rourkela-5, Dist. Sundargarh, Odisha. The Secretary,Urban Co-operative Bank Ltd, Uditnagar,Rourkela is directed to release the vehicle bearing No.OD-145-2715 in favour of the complainant namely Mr.Chita Ranjan Parida as the matter is subjudice befre the Forum only after receipt of Rs.1,21,678/-(Rupees one lakh twenty one thousand six hundred seventy eight) only to be paid by the complainant/petitioner within sevnen days from the date of receipt of the order.”.
The order dated 20.01.2023 passed by the learned District Commission is as follows:-
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“Learned Advocate for O.P-Jdr received the cheque bearing No.813157 dated 09.11.2022 for Rs.1,21,678/-. The O.P is directed to release the said vehicle within 3 days from the date of receipt of this extract order. Complainant is directed to pay the regular EMIs henceforth after release the vehicle. The outstanding EMIs shall be paid within 6(six) months. Put up on 17.03.2023 for further order.”
4. After going through the above orders, we are of view that the order dated 26.09.2022 have been sought to be executed in Execution Proceeding No.08/22. Without giving any opinion in execution proceeding, we hereby direct the complainant/ petitioner to raise all issues as submitted before us tothe learned District Commission who shall reconsider the matter and pass speaking order afresh in the execution proceeding within a period 30 days from today. Till then the impugned order dated 20.01.2023 shall remain stayed.
5. Revision petition is disposed of accordingly.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.