Utkarsh Anand v. The Union Of India Through The Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16617 of 2021 ====================================================== Utkarsh Anand Son of Rambahadur Singh Resident of C.K. Road Ara, Police Station - Ara Nagar, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Finance and Commerce.

2.

The Reserve Bank of India through the Chief General Manager, South Gandhi Maidan, Patna.

3.

The Mahindra and Mahindra Finance Services Ltd., Regd. Office - Gateway Building, Apollo Bunder, Mumbai - 4001.

4.

The Branch Manager, Mahindra and Mahindra Finance Service Ltd. Mahuli Kothi, K.G. Road, Near Pir Babna, Ara, Bihar - 802301. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Dr. K. N. Singh (ASG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-08-2022 Petitioner has prayed for the following relief(s): "(i) Direction to the Respondent No. 1 & 2 to issue circular to their Non-Banking financing Companies not to seize the vehicles given under Hire purchase Act to the borrower without order of D.R.T. or other appropriate court as held by this Hon'ble Court in the case of Sujay Kumar Vs. UCO Bank reported in BLJR 2020 Page.

(ii) Direction to the respondent

Patna High Court CWJC No.16617 of 2021(3) dt.24-08-2022 2/3 financing company respondent No. 3⁄4 to this writ petition not to possess the vehicle of petitioner through goons without order of D.R.T. or District Magistrate as per SARFESE Act determined by the Hon'ble Court in the above case.

(iii) Direction to the Financing Company the respondent No. 3/4 to not get the matter Arbitrated through the arbitrator of Mumbai whose name has not been agreed by this petitioner as an arbitrator as well as when the office of the financing company is at Patna and all the transaction were made at Patna.

Therefore, if at all necessary for arbitration the arbitration should of at Patna with the consent of the parties."

On 18.08.2022, we had passed the following order: "Despite repeated calls, none has entered appearance on behalf of the petitioner.

However, in the interest of justice, matter is adjourned.

List this case on 24th of August, 2022."

Even today, despite repeated calls and pass over,

Patna High Court CWJC No.16617 of 2021(3) dt.24-08-2022 3/3 none appears for the petitioner.

Petition is dismissed for default.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/DKS U