Orissa

StateCommission

RP/25/2023

The Manager, Shriram Finance Ltd - Complainant(s)

Versus

Surya Narayan Bisoi - Opp.Party(s)

M/S J.Patnaik & Assoc.

17 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/25/2023
( Date of Filing : 09 Mar 2023 )
(Arisen out of Order Dated 19/12/2022 in Case No. EX 11/2020 of District Koraput)
 
1. The Manager, Shriram Finance Ltd
1st Floor , Shiv shankar complex , Near ICIC Bank , Nabarangpur.
2. The Manager, M/S. STFC Ltd.
Bijawada 520008, Andhra Pradesh.
3. The Chairman, STFC Ltd
4th Floor , A wing , Agrawal Trade Centre , Sector 11 , CBD , Belapur , NAVI Mumbai - 400614.
4. The Branch Manager,STFC Ltd.,
jaypore Branch , Near SKT Cinema Hall , Jeypore , Koraput-764001
...........Appellant(s)
Versus
1. Surya Narayan Bisoi
S/o- Late Chaitanya Bisoi,At-Dwarka Nagar, Jamel Colony , Nabarangpur-764059
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/S J.Patnaik & Assoc., Advocate for the Petitioner 1
 
Dated : 17 Mar 2023
Final Order / Judgement

        Defects are removed.

2.      Heard  learned counsel for the  petitioner.

3.      This revision petition has been filed challenging the order of warrant of arrest issued against the O.P in spite of filing of show cause in execution proceeding pending  before the learned District Commission. According to him against the original order passed in C.C.Case No.93/12, petitioner had filed   FA No. 379 of 2013 which was dismissed for default. Thereafter, petitioner filed RA No. 43 of 2022 which is pending before this Commission.  He submitted that in spite of filing of show cause the warrant of arrest should not be  issued. Therefore, he  filed the present petition to revise the order passed in execution proceeding  No. 11 of 2020 pending before the learned District Commission , Koraput at Jeypore.

4.      Considered the submission. Perused the copies of the orders. It appears that on 19.12.22 he filed petition for time which was rejected but subsequently  present petitioner filed show cause  in March, 2023.  When the O.P appeared  and filed  show cause,   there was no necessity to issue bailable warrant of arrest.

         However, learned District Commission is directed to dispose of the matter in accordance with law within 45 days from today.

         The order dated 19.12.2022 shall remained stayed till disposal of the execution proceeding.

          Revision petition is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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