M.C.No. 566 of 2023

R.P.No. 64 of 2023

          Heard learned  counsel for the petitioners.

2.      Learned counsel for the petitioners submitted that they have challenged the order dated  29.5.2023  which was passed by the learned District Commission, Sundargarh – II, Rourkela  without hearing the O.Ps and disposed of the interim application.He also submitted that the impugned order has been passed without going through the facts and issues. Therefore, he filed the present revision petition to set aside the impugned order dated 29.5.2023 passed by the learned District Commission,  Sundargarh – II, Rourkela.

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

“xxx     xxxxxx

Therefore, direct the above named opposite party i.e. The Branch Manager, Tata Motors Finance Ltd, Uditnagar, Old Road Basanti Colony, Rourrkela – 12, Po/Ps – Uditnagar, Dist – Sundargarjh, Odisha not to seize the vehicle bearing Regd. No. OD-14X-2380 of the complainant till filing of written version. Complaint shall pay the regular repayment.”

4.     In view of the aforesaid order, we are not inclined to interfere with the impugned order passed purportedly U/s 38(8) of C.P.Act, (hereinafter called the ‘Act’)since the  impugned order is valid till filing of written version. It appears from the record that this impugned order passed before  filing of written version by the O.Ps. Therefore, the OPs (the  present petitioners) are 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 04.07.2023 to take further instruction from it.

5.      Revision petition is disposed of accordingly.