Orissa

Bhadrak

EA/17/2022

M/s Swagatika Infra & Logistics, Represented by Sole Proprietor Sushil Kumar Kar - Complainant(s)

Versus

The Regional Manager, Axis Bank Ltd., Loan Center FCU Depy. - Opp.Party(s)

Sri Santosh Kumar Nayak & Others

28 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BHADRAK
 
Execution Application No. EA/17/2022
( Date of Filing : 03 Nov 2022 )
In
Complaint Case No. CC/33/2022
 
1. M/s Swagatika Infra & Logistics, Represented by Sole Proprietor Sushil Kumar Kar
At/Po- Babalpur, P.S- Bhandaripokhari, Dist - Bhadrak
Bhadrak
Odisha
...........Appellant(s)
Versus
1. The Regional Manager, Axis Bank Ltd., Loan Center FCU Depy.
Plot No. 501, Center Point, 2nd Floor, Near Sriya Talkies Sqaure, Kharvelnagar, Bhubaneswar, Pin- 751001
Khurda
Odisha
2. The Branch Manager, AXIS BANK Ltd.
At- By-pass, Bhadrak,, Po/PS/Dist- Bhadrak
Bhadrak
Odisha
3. AXIS BANK LTD., Loan Center, FCU Department
Regd. Office -Trishul, 3rd Floor, Opposite Samartheswar Temple, Near Law Garden, Ellisbridge, Ahmedabad - 380006
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHIBA PRASAD MOHANTY PRESIDENT
 
PRESENT:Sri Santosh Kumar Nayak & Others, Advocate for the Appellant 1
 Sri B. K. Mohanty, Advocate for the Respondent 1
 Sri B. K. Mohanty, Advocate for the Respondent 1
 Sri B. K. Mohanty, Advocate for the Respondent 1
Dated : 28 Dec 2022
Final Order / Judgement

In this consumer complaint the complainant has filed a Misc. Case on 04.05.2022 U/s 38 (8) of C.P. Act, 2019.  This Commission has ordered on 05.05.2022 directing the complainant to pay 3 installments amounting to Rs. 2,68,800/- and also directed the O.Ps to consider about the release of the goods carrier in question in favour of the complainant as this relates to bread and butter issue of the complainant.  In compliance to the order of dt. 05.05.2022 the complainant has deposited Rs.  2,68,800/- by way of Demand Draft which has been duly received by the O.Ps.  However, even after receipt of the said amount the O.P. did not consider the written representation filed by the complainant to release the vehicle in his favour.  As a result of which the complainant on 09.09.2022 filed another Misc. Case U/s 38 (8) of C.P. Act, 2019 for release of the repossess of the vehicle in his favour.  This Commission on 11.10.2022 ordered in the said Misc. Case for release of the case vehicle in favour of the complainant within 15 days.  The O.P. preferred to challenge the said order before the Hon’ble State Commission in R.P. No. 17/2022 Misc. Case No. 720/2022 wherein Hon’ble State Commission in his order No. 2 , dt. 07.11.2022 was pleased to set aside the impugned order of the District Commission dt. 11.10.2022 and directed to allow both the parties to adduce evidence and disposed of the matter within 45 days.  This District Commission received the order on 15.11.2022.In the mean while on 03.11.2022, the complainant has filed one Execution Case No. 17/2022 in C.D. Case No. 33/2022 for execution of order dt. 11.10.2022.

                The said execution case 17/2022 arises out of order dt. 11.10.2022 filed by the complainant in the second Misc. Case on 09.09.2022.  Hon’ble State Commission has been pleased to set aside the order dt. 11.10.2022, in such event the execution case & Misc. Case lose their legal sanctity.  So the execution case is disposed of as not maintainable and Misc. Case filed on 09.09.2022 is also disposed of.  Put up on 10.01.2023 for hearing of the C.D. Case.

 
 
[HON'BLE MR. SHIBA PRASAD MOHANTY]
PRESIDENT
 

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