CRM-M-16941 IN THE HIGH COURT OF PUNJAB AND HARYANA 123 Naveen State of Punjab and others 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 away the vehicle of the petitioner bearing registration No. the help of recovery agents and henchmen. 2. purchased vehicle bearing registration No. respondents no.4 the financed amount was Rs. instalment of Rs. and has already p instalments in time due to financial difficulty. He submits that the petitioner is a bona fide person and could not pay the due instalments only on account of compelling circumstances arising due t further contends that the recovery agents of respondents no.4 taken away his to their legal remedies. He further submits that the petitio 16941-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Punjab and others Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Parvesh Kumar Banwal, 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 away the vehicle of the petitioner bearing registration No. the help of recovery agents and henchmen. Learned counsel for the petitioner submits that the petitioner purchased vehicle bearing registration No.HR69 respondents no.4 to 6. The vehicle was financed by respondent no he financed amount was Rs.8,55,842/-, which was to be repaid in 60 monthly instalment of Rs.21,740/-. The petitioner was regularly paying the instalments and has already paid the substantial amount instalments in time due to financial difficulty. He submits that the petitioner is person and could not pay the due instalments only on account of compelling circumstances arising due to his poor financial condition. He further contends that the recovery agents of respondents no.4 taken away his vehicle bearing registration No. to their legal remedies. He further submits that the petitio - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16941-2025 Decided on:27.03.2025 ...Petitioner ...Respondents Hon’ble Mr. Justice Rajesh Bhardwaj , Advocate, 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 to 6, who have forcibly take away the vehicle of the petitioner bearing registration No.HR69-F-4310 with Learned counsel for the petitioner submits that the petitioner HR69-F-4310 by taking loan from . The vehicle was financed by respondent nos.4 to 6 and , which was to be repaid in 60 monthly . The petitioner was regularly paying the instalments aid the substantial amount but was unable to pay only two instalments in time due to financial difficulty. He submits that the petitioner is person and could not pay the due instalments only on account of o his poor financial condition. He further contends that the recovery agents of respondents no.4 to 6 have forcibly vehicle bearing registration No.HR69-F-4310, without resorting to their legal remedies. He further submits that the petitioner has also made a ...Petitioner ...Respondents 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 forcibly taken with Learned counsel for the petitioner submits that the petitioner from to 6 and , which was to be repaid in 60 monthly . The petitioner was regularly paying the instalments but was unable to pay only two instalments in time due to financial difficulty. He submits that the petitioner is person and could not pay the due instalments only on account of o his poor financial condition. He have forcibly , without resorting ner has also made a VINOD KUMAR 2025.03.28 09:37 I attest to the accuracy and integrity of this document CRM-M-16941 representation dated 08.03.2025 to respondent no.2 but no action has been taken for redressal of his grievance. 3. 26.02.2007 rendered in the case of Kaur and others, possession of the vehicle follows:- 4. 5. Punjab, accepts notice 6. value of the documents placed on the file, I dispose of the petition with a direction to respondent no. decide the representation of the petitioner dated 08.03.2025 pending before him and take necessary who have allegedly taken the law in their hands by forcibly taking away vehicle of the petitioner, w 8. 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 hav survival grievance. March 27, 2025 vinod* 16941-2025 representation dated 08.03.2025 to respondent no.2 but no action has been taken for redressal of his grievance. The Hon’ble Supreme Court recently vide its judgment dated 26.02.2007 rendered in the case of Manager, ICICI Bank Ltd. v 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 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. Sumit 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 direction to respondent no.2- Senior Superintendent of Police, decide the representation of the petitioner dated 08.03.2025 pending before him take necessary action in accordance with law against the erring persons who have allegedly taken the law in their hands by forcibly taking away vehicle of the petitioner, without any resort to law. 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 hav survival grievance. , 2025 Whether Speaking/Reasoned: Whether Reportable: - 2 - representation dated 08.03.2025 to respondent no.2 but no action has been 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 “In 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.” Sumit Tarun Aggarwal, Sr. DAG, 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, Rupnagar, decide the representation of the petitioner dated 08.03.2025 pending before him action in accordance with law against the erring persons who have allegedly taken the law in their hands by forcibly taking away ithout any resort to law. 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 (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES representation dated 08.03.2025 to respondent no.2 but no action has been The Hon’ble Supreme Court recently vide its judgment dated s. 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 recovery of loans or seizure of vehicles could be done only through legal means. The bank Tarun Aggarwal, Sr. DAG, Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a Rupnagar, to decide the representation of the petitioner dated 08.03.2025 pending before him action in accordance with law against the erring persons who have allegedly taken the law in their hands by forcibly taking away 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 ing any VINOD KUMAR 2025.03.28 09:37 I attest to the accuracy and integrity of this document