Orissa High Court

WP(C)/21452/2026 of SIDHARTH SANKAR RAY Vs THE INSPECTOR IN CHARGE, TANGARPALLI POLICE STATION, TANGARPALLI on 8 September 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 21452 of 2026 CNR No. ODHC010337412026 Sidharth Sankar Ray ..…... Petitioner (s) Mr. Prince Patnaik, Adv. -Versus- The Inspector-in-charge, Tangarpalli, Police Station, Tangarpalli .. .…. Opposite Party (s) Ms. Gayatri Patra,

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21452 of 2026

CNR No. ODHC010337412026

Sidharth Sankar Ray

..…...

Petitioner (s)

Mr. Prince Patnaik, Adv.

-Versus-

The Inspector-in-charge,

Tangarpalli, Police Station,

Tangarpalli

.. .….

Opposite Party (s)

Ms. Gayatri Patra, ASC

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

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ORDER

08.09.2026

Order No.

04.

1. This matter is taken up through hybrid arrangement.

2. In the present Writ Petition, the Petitioner seeks a direction to the I.I.C., Tangarpalli Police Station, Rourkela, to hand over the construction equipment bearing Registration No. OD-14-W-9177, Engine No. 4X32021920525 and Chassis No. NKJ00770HKKH20853, which is presently parked within the premises of Tangarpalli Police Station, in terms of the order dated 06.05.2022 passed by the learned Arbitrator in Arbitration Case No. ARC/HDB/VL/31101/2022.

3. Pursuant to the order of this Court dated 03.09.2026, the I.I.C. of Tangarpalli Police Station, Rourkela is present before this Court today.

4. Heard learned counsel for the parties.

5. Learned counsel for the Petitioner submits that Opposite Party No.2 had availed a loan from the Petitioner-Company for financing the construction equipment, namely, CASE 770 Loader Backhoe, bearing Registration No. OD-14-W-9177, Engine No. 4X32021920525 and Chassis No. NKJ00770HKKH20853. He further submits that Opposite Party No.2 failed to pay the monthly EMIs regularly, on account of which, the Petitioner- Company classified the loan account of Opposite Party No.2 as NPA.

6. Learned counsel for the Petitioner further contends that, despite receipt of the notice, neither the loanee nor the guarantor deposited any amount towards the outstanding dues. Consequently, the Petitioner-Company initiated arbitration proceedings vide A.R.C. No. ARC/HDB/VL/31101/2022, which were disposed of vide order dated 12.09.2022, directing the respondents to hand over possession of the vehicle/construction equipment in question. He further submits that, pursuant to the said arbitration award, the Inspector-in-Charge, Tangarapali Police Station, repossessed the aforesaid construction equipment.

However, despite such repossession, the said equipment has not been handed over to the Petitioner-Company and has been retained by the Inspector-in-Charge with mala fide intention.

7. Learned counsel for the Petitioner further submits that, despite repeated approaches made by the Petitioner, the I.I.C., Tangarpalli Police Station, Rourkela has failed to hand over the aforesaid vehicle to the Petitioner.

8. The I.I.C., Tangarpali P.S., who is present in Court today, submits that as there was a dispute between the partners, who are the owners of the vehicle, the vehicle was parked at the Police Station for resolution of the dispute. He further submits that he is ready and willing to release the vehicle in favour of the Petitioner upon production of the appropriate documents.

9. In view of the above and considering the submissions made, this Court directs the I.I.C., Tangarpalli Police Station, to release the aforesaid vehicle in favour of the Petitioner forthwith, upon production of the appropriate documents by the Petitioner.

10. Accordingly, the Writ Petition is disposed of.

11. Personal appearance of the I.I.C., Tangarpalli Police Station is dispensed with.

1. ( Dr. Sanjeeb K Panigrahi)

Judge Murmu

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