CRM-M-13901 IN THE HIGH COURT OF PUNJAB AND HARYANA 118 Naresh Kumar State of Punjab and Coram : Present: Rajesh Bhardwaj, J. (Oral) 1. BNSS, 2023, for issuance of directions to respondent nos.1 to 3 to take appropriate legal action against respondents no.4 & 5, who are trying and making an attempt to forcibly take away the vehicle o registration No.PB04 2. purchased vehicle bearing registration No.PB04 respondents no its Branch, i.e. respondent no.5. The financed amount was Rs.16,88,845/ which was to be repaid in monthly instalment of Rs.41,200/ 09.05.2024 to 07.10.2027. The petitioner wa but was unable to pay only two instalments in time due to financial difficulty. He submits that the petitioner is a instalments only on account of compelling circumstances arisi poor financial respondents no.4 & 5 are making desperate attempts to vehicle bearing registration No.PB04 13901-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Naresh Kumar Versus State of Punjab and others Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Karan Bhardwaj, Advocate, for the petitioner. **** Rajesh Bhardwaj, J. (Oral) The present petition has been filed under Section 528 of the BNSS, 2023, for issuance of directions to respondent nos.1 to 3 to take appropriate legal action against respondents no.4 & 5, who are trying and making an attempt to forcibly take away the vehicle o registration No.PB04-V-8333 with the help of recovery agents and henchmen. Learned counsel for the petitioner submits that purchased vehicle bearing registration No.PB04 respondents no.4 & 5. The vehicle was financed by respondent no.4 through its Branch, i.e. respondent no.5. The financed amount was Rs.16,88,845/ which was to be repaid in monthly instalment of Rs.41,200/ 09.05.2024 to 07.10.2027. The petitioner wa was unable to pay only two instalments in time due to financial difficulty. He submits that the petitioner is a bona fide instalments only on account of compelling circumstances arisi poor financial condition. He further contends that now the recovery agents of respondents no.4 & 5 are making desperate attempts to vehicle bearing registration No.PB04-V-8333. - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13901-2025 Decided on:25.03.2025 ...Petitioner ...Respondents Hon’ble Mr. Justice Rajesh Bhardwaj , Advocate, present petition has been filed under Section 528 of the BNSS, 2023, for issuance of directions to respondent nos.1 to 3 to take appropriate legal action against respondents no.4 & 5, who are trying and making an attempt to forcibly take away the vehicle of the petitioner bearing 8333 with the help of recovery agents and henchmen. Learned counsel for the petitioner submits that the petitioner purchased vehicle bearing registration No.PB04-V-8333 by taking loan from .4 & 5. The vehicle was financed by respondent no.4 through its Branch, i.e. respondent no.5. The financed amount was Rs.16,88,845/ which was to be repaid in monthly instalment of Rs.41,200/- commencing from 09.05.2024 to 07.10.2027. The petitioner was regularly paying the instalments was unable to pay only two instalments in time due to financial difficulty. bona fide person and could not pay the due instalments only on account of compelling circumstances arising due to his condition. He further contends that now the recovery agents of respondents no.4 & 5 are making desperate attempts to forcibly recover the 8333. ...Petitioner ...Respondents present petition has been filed under Section 528 of the BNSS, 2023, for issuance of directions to respondent nos.1 to 3 to take appropriate legal action against respondents no.4 & 5, who are trying and f the petitioner bearing 8333 with the help of recovery agents and henchmen. the petitioner 8333 by taking loan from .4 & 5. The vehicle was financed by respondent no.4 through its Branch, i.e. respondent no.5. The financed amount was Rs.16,88,845/-, commencing from s regularly paying the instalments was unable to pay only two instalments in time due to financial difficulty. person and could not pay the due his condition. He further contends that now the recovery agents of recover the VINOD KUMAR 2025.03.25 19:03 I attest to the accuracy and integrity of this document CRM-M-13901 3. 26.02.2007 rendered in the case of Kaur and others, possession of the vehicle follows:- 4. 5. accepts notice on behalf of respondents no.1 to 3. 6. value of the documents placed on the file, I dispose of the petition with a direction to respondent no.2 take all necessary steps to ensure that there is no obstruction respondent no.4 & 5 7. the petitioner from legal action for violation of law, if any, committed by him and the respondents are free to take legal recourse in case of their having any survival grievance. March 25, 2025 vinod* 13901-2025 The Hon’ble Supreme Court recently vide 26.02.2007 rendered in the case of Manager, ICICI Bank Ltd. vs. Prakash Kaur and others, deprecated and denounced the practice of forcibly taking of the vehicle. The observation of Hon’ble the Apex Court is as “In conclusion, we can say of law in the country. The recovery of loans or seizure of vehicles could be done only through legal means. The bank can not employ Goondas to take possession by force.” Notice of motion. On asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab, accepts notice on behalf of respondents no.1 to 3. Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a rection to respondent no.2- Senior Superintendent of Police, Pathankot to take all necessary steps to ensure that there is no obstruction respondent no.4 & 5 in plying of the vehicle by It is clarified that this order shall not be taken to grant immunity to the petitioner from legal action for violation of law, if any, committed by him and the respondents are free to take legal recourse in case of their having any survival grievance. March 25, 2025 Whether Speaking/Reasoned: Whether Reportable: - 2 - The Hon’ble Supreme Court recently vide its judgment dated Manager, ICICI Bank Ltd. vs. Prakash deprecated and denounced the practice of forcibly taking The observation of Hon’ble the Apex Court is as conclusion, we can say that we are governed by a rule of law in the country. The recovery of loans or seizure of vehicles could be done only through legal means. The bank can not employ Goondas to take possession by force.” n asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab, accepts notice on behalf of respondents no.1 to 3. Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a Senior Superintendent of Police, Pathankot to take all necessary steps to ensure that there is no obstruction at the behest of by the petitioner. r shall not be taken to grant immunity to the petitioner from legal action for violation of law, if any, committed by him and the respondents are free to take legal recourse in case of their having any (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES its judgment dated Manager, ICICI Bank Ltd. vs. Prakash deprecated and denounced the practice of forcibly taking The observation of Hon’ble the Apex Court is as that we are governed by a rule of law in the country. The recovery of loans or seizure of vehicles could be done only through legal means. The bank n asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab, Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a Senior Superintendent of Police, Pathankot to at the behest of r shall not be taken to grant immunity to the petitioner from legal action for violation of law, if any, committed by him and the respondents are free to take legal recourse in case of their having any VINOD KUMAR 2025.03.25 19:03 I attest to the accuracy and integrity of this document