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Madras High CourtWP(MD)/15165/2020dismissed

Kalaivani v. Union Bank Of India

2023-10-05Honourable Mr Justice N. Anand Venkatesh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.12782 of 2020 in W.P.(MD)No.15165 of 2020 W.P.(MD)No.15165 of 2020:- Kalaivani, W/o.S.Manickavasagam .. Petitioner

Versus

1.Union Bank of India Rep. by its Secretary, 4.The Branch Manager, Shriram Transport Finance Company Ltd., 3rd Floor, No.81 Bye Pass Road, Madurai, Madurai District.

5.The Branch Manager Shriram Transport Finance Company Ltd., Star Tower, Thillai Nagar, Trichy - 620 018.

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6.The Inspector of Police, .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary and suitable orders to the 4th and 5th respondents not to seize the petitioner's vehicles bearing registration numbers (1) TN 73 U 9394 (2) TN 73 U 3133 (3) TN 28 AF 6475 (4) TN 45 TN 6259 and (5) TN 47 AJ 8335 on the basis of the petitioner's representation, dated 10.10.2020 and take suitable action against the 4th and 5th respondents, within the time stipulated by this Court.

For Petitioner :

Mr.V.Selvakumar For R1 Dr.M.D.Poornachari For R2 and R3:

Mr.K.Ashok Kumar Ram Senior Panel Counsel For R4 and R5:

Mr.Ananth C.Rajesh For R6 Mr.R.Sivakumar Government Advocate (Criminal side) W.P.(MD)No.15171 of 2020:- S.Manickavasagam .. Petitioner

Versus

1.Union Bank of India Rep. by its Secretary, 2/7

4.The Branch Manager, Shriram Transport Finance Company Ltd., 3rd Floor, No.81 Bye Pass Road, Madurai, Madurai District.

5.The Branch Manager Shriram Transport Finance Company Ltd., Star Tower, Thillai Nagar, Trichy - 620 018.

6.The Inspector of Police, .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary and suitable orders to the 4th and 5th respondents not to seize the petitioner's vehicles bearing registration numbers (1) TN 57 AK 9727 (2) TN 88 A 3186, on the basis of the petitioner's representation, dated 10.10.2020 and take suitable action against the 4th and 5th respondents within the time stipulated by this Court.

For Petitioner :

Mr.V.Selvakumar For R1 Mr.V.Malaiyendran Central Government Standing Counsel For R4 and R5:

Mr.Ananth C.Rajesh 3/7

For R6 Mr.R.Sivakumar Government Advocate (Criminal side) W.P.(MD)No.15587 of 2020:- M.Nathiya .. Petitioner

Versus

1.Union Bank of India Rep. by its Secretary, 4.The Competent Officer, Zonal Office, Shriram Transport Finance Company Ltd., 3rd Floor, No.81 Bye Pass Road, Madurai, Madurai District.

5.The Branch Manager Shriram Transport Finance Company Ltd., 1st Floor, No.213/6, Sedar Street, Sulthanpet, Paramathivelur, Namakkal District.

6.The Inspector of Police, .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue 4/7

necessary and suitable orders to the 4th and 5th respondents not to seize the petitioner's vehicles bearing registration numbers (1) TN 47 AJ 6429 (2) TN 47 AJ 6423, on the basis of the petitioner's representation, dated 12.10.2020 and take suitable action against the 4th and 5th respondents within the time stipulated by this Court.

For Petitioner :

Mr.V.Selvakumar For R1 Mr.V.Malaiyendran Central Government Standing Counsel For R6 Mr.R.Sivakumar Government Advocate (Criminal side) COMMON ORDER These Writ Petitions have been filed for a direction to the Finance Companies not to seize the vehicles belonging to the petitioners.

2. Heard the learned counsel appearing for the parties.

3. The relief sought for by the petitioners cannot be granted by this Court, since the petitioners are seeking for an omni bus relief, which will virtually tie the hands of the Finance Companies from recovering the dues from the petitioners, who are admittedly the borrowers of the loan from the Finance Companies.

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4. It is now a settled law that the Finance Company will be the owner of the vehicle till the last instalment is paid by the borrower. Therefore, if a direction is issued by this Court in the manner in which it has been sought for by the petitioners, no Finance Company can recover the loan amounts from the borrowers. This Court does not find any merits in the present Writ Petitions. Accordingly, all the Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes/No 05.10.2023 Index : Yes/No smn2 To 1.The Secretary, Union Bank of India, 4.The Inspector of Police, 6/7

N.ANAND VENKATESH, J.

smn2 Common order in W.P.(MD) Nos.15165, 15171 and 15587 of 2020 and W.M.P.(MD)No.12782 of 2020 in W.P.(MD)No.15165 of 2020 05.10.2023 7/7