High Court of Punjab and HaryanaCRM-M/12688/2024disposed of

Vikas Jaidka v. State Of Punjab And Others

2024-03-13Mr. Justice Harpreet Singh Brar2 pages

CRM-M No.12688 of 2024 -12024:PHHC:035815

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 109.

CRM-M No.12688 of 2024 Date of Decision:13.03.2024 Vikas Jaidka ... Petitioner Versus State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Amtiaz Sandhu, Advocate for Mr. Karan Bhardwaj, Advocate for the petitioner.

*** HARPREET SINGH BRAR, J. (ORAL) 1.

The present petition has been filed under Section 482 Cr.P.C. seeking direction to respondents No.1 to 3 to take appropriate legal action against respondents No.4 and 5, who are trying to take forcible possession of the vehicle owned by the petitioner bearing registration No.PB-04-AC-8677 with the help of recovery agents.

Learned counsel for the petitioner contends that respondent Nos.4 and 5 are trying to take the possession of the aforesaid vehicle owned by the petitioner forcibly, which is contrary to the law laid down by the Hon'ble Supreme Court in ICICI Bank Ltd. Vs. Parkash Kaur and others JT 2007 (4) SC 39. It is further contended that the petitioner has already paid substantial amount of Rs.11,71,416/-. Respondent No.4 and 5 cannot take possession of the vehicle of the petitioner forcibly except in accordance with the procedure established by law. It is also contended that the guidelines on Fair Practices Code of the respondent-Bank (Annexure P-3) specifically stipulate that in the matter of PANKAJ KUMAR 2024.03.13 19:36 I attest to the accuracy and authenticity of this document

CRM-M No.12688 of 2024 -22024:PHHC:035815 recovery of loans, the bank would not resort to undue harassment or use of force of recovery and the enforcement of security would be only as per law. 3.

Notice of motion to official respondents only. 4.

Mr. Subhash Godara, Addl. A.G., Punjab, who is present in Court, accepts notice on behalf of the official respondents. 5.

I have heard learned counsel for the parties and perused the paper book. With the consent of parties, the case is taken up for final disposal. 6.

Keeping in view the fact that the petitioner undertakes to clear all pending intallments, the official respondents are directed to ensure that forcible possession of the vehicle in question is not taken by respondents No.4 and 5 and the petitioner is directed to clear all the pending installments within six weeks from today and thereafter, he will continue to pay the remaining installments without any default. As per the undertaking given by the petitioner, he shall pay the balance amount as per the directions given by this Court, failing which he will surrender the vehicle to private respondents on expiry of aforesaid period of six weeks.

The instant petition stands disposed of in above terms. (HARPREET SINGH BRAR) JUDGE March 13, 2024 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2024.03.13 19:36 I attest to the accuracy and authenticity of this document