HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9849 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has sought for the following substantial reliefs:- "I) issue a, order or direction in the nature of Mandamus commanding the opposite parties particularly Opposite Party No. - 1 and 2 to cancel the banking license of Opposite Party No. - 5 who has fraudulently taken the possession of mortgaged vehicle of petitioner bearing registration no. - UP32WN-7407, in the interest of justice. II) issue a, order or direction in the nature of Mandamus commanding the opposite parties particularly Opposite Party No. - 2 and 5 to produce the vehicle of petitioner bearing registration no. - UP32WN-7407 to petitioner forthwith (contained as Annexure No. - 1), in the interest of justice." 3. Learned counsel appearing on behalf of the petitioner submits that the petitioner's vehicle was mortgaged to the respondents No.3 and 5. There were some outstanding installments, due to which the respondents No.3 and 5 had hired a recovery agency, which stopped the petitioner's vehicle in the middle of the road and unauthorizedly took possession of it. Versus Counsel for Petitioner(s) : Durgesh Kumar Singh Counsel for Respondent(s) : Ashutosh Mishra, C.S.C. Deepak Kumar Singh .....Petitioner(s) Reserve Bank Of India Thru. Regional Director Lucknow And 4 Others .....Respondent(s) 4. Learned counsel appearing on behalf of the petitioner places reliance on the judgment of the Supreme Court in ICICI Bank Ltd. vs. Prakash Kaur and others reported in (2007) 2 SCC 711, wherein the Supreme Court has held that the bank authorities cannot use illegal means to repossess a vehicle. 5. Learned counsel appearing on behalf of the respondent-Bank submits that the petitioner had failed to pay his installments, and accordingly, the action of repossession was taken. 6. At this stage, learned counsel appearing on behalf of the petitioner submits that the petitioner is willing to deposit the entire outstanding within a period of two months. 7. In light of the above submissions, the petitioner is directed to deposit a sum of Rs.20,000/- upfront and to pay the other entire outstanding amount within a period of two weeks from today. 8. On payment of an amount of Rs.20,000/-, the Bank authorities shall return the vehicle to the petitioner within a period of seven days from date. 9. In the event of default of making entire payment within the stipulated period, the Bank authorities shall be at liberty to proceed against the petitioner in accordance with law. 10. The petitioner also undertakes to get the vehicle insured within a period of seven days. 11. With the above direction, the writ petition is disposed of. November 13, 2025 cks/- WRIC No. 9849 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench