Baljinder Singh v. State Of Punjab And Others

127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15533-2026 Date of decision: 23.03.2026 BALJINDER SINGH ...PETITIONER V/S STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. Karan Bhardwaj, Advocate for the petitioner.

Mr. Anup Singh, AAG, Punjab.

Mr. Vipul Dharmani, Advocate for respondent No.4.

**** SUBHAS MEHLA, J. (ORAL) 1.

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of directions to respondent No 4 to not interfere in the plying of the vehicle of the petitioner bearing registration No.PB-13AL-9597 and to take appropriate legal action against respondent No.4, who is not allowing the petitioner to ply his vehicle freely for the purpose of transport business.

2.

The brief facts of the case are that the petitioner purchased a second hand commercial vehicle bearing registration No. PB-13AL-9597 by taking loan from respondent No.4. The loan amount was Rs.14,25,595/-, which was to be paid in 42 monthly installments of Rs.43,485/- per month. It is submitted that the only one installment is due, however, respondent No.4 is adamant to recover the vehicle forcibly only because one instalment is due, which has occurred on account of severe slump in transport business of the petitioner. SONIA PURI 2026.04.07 18:59 I attest to the accuracy and integrity of this document

CRM-M-15533-2026 2 3.

Learned counsel for the petitioner submits that now the recovery agents of respondent No.4 are making desperate attempts to recover the vehicle bearing registration No. PB-13AL-9597. He further submits that on 11.03.2026, when the vehicle of the petitioner was on for business purpose, it was stopped by agents/musclemen of respondent No.4 but the petitioner somehow managed to save his vehicle and was allowed to go after taking some handsome amount. 4.

Learned counsel for respondent No.4 submitted that the petitioner is not paying the installments of loan and the vehicle in question, is also in his possession. Respondent No.4 is entitled to repossess the vehicle as per terms & conditions of the agreement. It is further contended that respondent No.4 is a reputed financial institution and will repossess the said vehicle by following due process of law.

5.

Notice of motion.

6.

Heard.

7.

The present petition is disposed of, with liberty to the petitioner to avail alternative remedy as per their loan agreement. However, it is made clear that in case, petitioner defaults in payment of loan, respondent No.4 would be entitled to repossess the vehicle, only with due process of law. (SUBHAS MEHLA) March 23, 2026 JUDGE Sonia Puri (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No SONIA PURI 2026.04.07 18:59 I attest to the accuracy and integrity of this document