M.C.No.343 of 2023

R.P. No. 42 of  2023

         Mr. A.K.Sahoo, learned counsel files vakalatnama on behalf of respondent.

2.      Heard learned counsel for both parties.

3.     Learned counsel for the petitioner  submitted that the impugned order has been passed  without considering the objection raised regarding  maintainability of the complaint. He submitted that the learned District Commission insisted to release the vehicle on deposit of 50% of the defaulted amount  although order has been passed by the Arbitrator. So, he prayed for intervention with the impugned interim order.

4.      Learned counsel for the respondent submitted that  he has not participated before the Arbitrator in the  arbitration proceeding.

5.      However,  perused the impugned order. After hearing of both parties, we are not inclined to interfere with it . However, the learned counsel for the petitioner is directed to place all the documents as made before us before the learned District Commission  who is to consider the same and pass speaking order and also disposed of  petition filed on maintainability of the case. Learned counsel for the respondent filed the receipts regarding payment of 50% amount as ordered by the learned District Commission. Both parties are directed to appear before the Learned District Commission on 28.04.2023 to take further instruction from it. It is made clear that the complainant will continue to pay the regular EMI after release of the vehicle.