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2002 Supreme(SC) 327

BRIJESH KUMAR, D.P.MOHAPATRA, R.P.SETHI
Orissa State Financial Corporation – Appellant
Versus
Narsingh Ch. Nayak – Respondent


ORDER

We have heard Shri Shambu Prasad Singh, advocate for the appellant. The respondent No. 1 who was the writ petitioner before the High Court has not appeared despite service of notice.

2. The respondent No. 1 had purchased the truck bearing No. ORY-2785 utilising the loan taken from the Orissa State Financial Corporation-the appellant herein. As he defaulted in depositing the instalments fixed under the agreement, the corporation seized the vehicle exercising its power under Sections 29 and 30 of the State Financial Corporation Act. The respondent filed the writ petition registered as OJC No. 201 of 1991 assailing the notice issued under section 30 of the Act and for quashing the notice for auction of the seized vehicle, etc. In the said proceeding, the High Court passed an interim order on 14.1.1991 which reads as under:

"Heard the petitioner in person. It is stated by the petitioner, who appears before us, that the sale of the truck bearing registration number ORY 2785 is fixed for tomorrow. On the facts and in the circumstances of the case, we direct stay of confirmation of sale, if sale is held. The petitioner shall deposit Rs. 25.000/- (Rupees twenty five thousand) with th















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