TMI Blog2002 (3) TMI 949X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ₹ 25,0007- (Rupees twenty five thousand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehicle being so handed over, the writ petitioner shall pay a sum of ₹ 12,0007- per month and on failure to do so, the entire amount shall become realizable in accordance with law. 5. The writ petitioner filed misc. case No. 109/91 complaining before the Court that the corporation and its officers have failed to carry out the directions of the High Court and possession of the vehicle has not been delivered to him. On the said application, the High Court by the order dated 9.7.1991 granted further one month's time to take over the vehicle from the possession of the auction purchaser, Naba Kishore Bhutan and permitted the corporation to seek police help from the Jagatsinghpur police station. Finally, the Court disposed of the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court, while considering the writ petition filed by the owner of the vehicle for quashing of the notice of auction sale and for other consequential reliefs, has passed order drawing up a fresh contract between the parties and has issued certain further directions in the matter; the corporation has been directed to advance a fresh loan to the writ petitioner to enable him to purchase a new truck; to enter into agreement for realization of the balance loan amount in accordance with law; to write off the remaining amount of ₹ 16,500/-and to order waiving of the interest till date etc. The order to say the least, was beyond the scope of the writ petition which was being considered by the High Court and beyond the jurisdiction of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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