126 IN THE HIGH COURT OF PUNJAB AND HARYANA RANJIT SINGH STATE OF PUNJAB AND OTHERS CORAM: HON’BLE MR. Present: Ms Ms. Satinder Kaur, Advocate for the petitioner. HARPREET SINGH BRAR 1. The present petition has been filed under Section 2023 for issuance of directions to respondents No. 1 to 3 to take appropriate legal action against respondent Nos. attempt to forcibly registration No. musclemen. 2. The brief facts of the case are that t vehicle bearing registration No. respondent Nos.4 was Rs.34 lakh. It was to be repaid Moratorium to 2024, Rs.65,000/-. The petitioner ha The copies of receipts are attached as 3. Learned counsel for the petitioner recovery agents of respondent Nos.4 and 5 are trying to forcibly recover the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RANJIT SINGH V/S PUNJAB AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Ms. Suman Kumari, Advocate for Ms. Satinder Kaur, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section for issuance of directions to respondents No. 1 to 3 to take appropriate against respondent Nos.4 and 5, who are trying and making an attempt to forcibly seize the vehicle i.e. truck registration No.PB 05 AJ 9522, with the help of recovery agents and The brief facts of the case are that t vehicle bearing registration No.PB 05 AJ 9522 on Hypothecation from os.4 and 5 on horse, for term of 59 months . It was to be repaid up to 16.07.2023, which was extended by Moratorium to 2024, by monthly installments. The monthly installment was . The petitioner has paid more than Rs.20 lakhs in installments copies of receipts are attached as Annexure P Learned counsel for the petitioner recovery agents of respondent Nos.4 and 5 are trying to forcibly recover the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17839-2025 Date of decision: 02.04.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR The present petition has been filed under Section 528 BNSS, for issuance of directions to respondents No. 1 to 3 to take appropriate who are trying and making an ruck of the petitioner bearing with the help of recovery agents and their The brief facts of the case are that the petitioner purchased 9522 on Hypothecation from for term of 59 months. The financed amount up to 16.07.2023, which was extended by by monthly installments. The monthly installment was more than Rs.20 lakhs in installments. Annexure P-7. Learned counsel for the petitioner inter alia contends that the recovery agents of respondent Nos.4 and 5 are trying to forcibly recover the MANISHA 2025.04.02 17:45 I attest to the accuracy and authenticiy of this order/judgment CRM-M-17839 vehicle hypothecated with them through their recovery agents. contends that the petitioner has already paid an amount of more than Rs lakhs and relies upon Annexure P owned by the petitioner has met with acci has been caused installments and now, the recovery agents of respondent Nos.4 and 5 are taking active steps to recover the vehicle in question wrongful and consistent petitioner remained un Learned counsel further submits that action of against the settle Hon’ble Apex Court in SCC 532 and Manager, ICICI Bank Ltd. vs. Parkash Kaur, 2007(2) SCC 711. She furthermore submits that e of India in Clause (III) of Clause ( Code dated 01.07.2015 she submits that the action of respondent Nos.4 and 5 falls Article 19 of Constitution of India. 4. Notice of motion. 5. Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of respondent Nos.1 to 3 the duty of the State to protect the life and liberty ensure that the rule of law is maintained. 6. The Hon'ble Supreme Court r 26.2.2007 in case titled as 17839-2025 2 othecated with them through their recovery agents. he petitioner has already paid an amount of more than Rs es upon Annexure P-5 i.e. photograph owned by the petitioner has met with accident, due to which, has been caused. On that account, he defaulted in payment of some of the installments and now, the recovery agents of respondent Nos.4 and 5 are taking active steps to recover the vehicle in question wrongful and consistent actions of respondent Nos.4 and 5, petitioner remained un-operational and stationary Learned counsel further submits that action of private respondents is against the settled principal of law but also against the judgment passed by Hon’ble Apex Court in ICICI Bank Ltd. vs. Shanti Devi Sharma, 2008 (7) Manager, ICICI Bank Ltd. vs. Parkash Kaur, 2007(2) SCC She furthermore submits that even the guidelines of India in Clause (III) of Clause (B) of the Master Circular Code dated 01.07.2015, postulates non-coercive methods of recovery. Lastly, she submits that the action of respondent Nos.4 and 5 falls cle 19 of Constitution of India. Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of respondent Nos.1 to 3 the duty of the State to protect the life and liberty ensure that the rule of law is maintained. The Hon'ble Supreme Court recently vide its judgment dated 26.2.2007 in case titled as Manager, ICICI Bank Ltd. othecated with them through their recovery agents. She further he petitioner has already paid an amount of more than Rs.20 5 i.e. photographs to show that the vehicle , due to which, severe damage n that account, he defaulted in payment of some of the installments and now, the recovery agents of respondent Nos.4 and 5 are taking active steps to recover the vehicle in question. She submits that due to of respondent Nos.4 and 5, the vehicle of the operational and stationary, resulting in heavy losses. private respondents is not only also against the judgment passed by ICICI Bank Ltd. vs. Shanti Devi Sharma, 2008 (7) Manager, ICICI Bank Ltd. vs. Parkash Kaur, 2007(2) SCC ven the guidelines issued by Reserve Bank ) of the Master Circular-Fair Practices coercive methods of recovery. Lastly, she submits that the action of respondent Nos.4 and 5 falls within the teeth of Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of respondent Nos.1 to 3 and submits that it is the duty of the State to protect the life and liberty of every citizen and to ecently vide its judgment dated Manager, ICICI Bank Ltd. (supra) deprecated and MANISHA 2025.04.02 17:45 I attest to the accuracy and authenticiy of this order/judgment CRM-M-17839 denounced the practice of forcibly taking possession. The observation of Hon'ble Apex Court is as follows: “In conclusion, we can say that we are governed by a rule of law in the country. The recovery of loans or seizure of vehilces could be done only th Goondas to take possession by force.” 7. With the consent of the parties, the present case is taken up for final disposal in view of settled law. The Ferozepur-respondent No. there is no obstruction in plying of the vehicle of the petitioner at the behest of respondent Nos.4 and 5. 8. The petitioner undertakes to clear entire outstanding within a period of 0 installments on time. In case of default of payment, are at liberty to take appropriate steps against law. 9. Disposed of in above terms. April 02, 2025 manisha (i) (ii) 17839-2025 3 denounced the practice of forcibly taking possession. The observation of Hon'ble Apex Court is as follows:- In conclusion, we can say that we are governed by a rule of law in the country. The recovery of loans or seizure of vehilces could be done only through legal means. The bank can not employ Goondas to take possession by force.” With the consent of the parties, the present case is taken up for final disposal in view of settled law. The Senior Superintendent of Police, respondent No.2 is directed to take all necessary steps to ensure that there is no obstruction in plying of the vehicle of the petitioner at the behest of .4 and 5. The petitioner undertakes to clear entire outstanding within a period of 08 weeks from today and will continue to pay installments on time. In case of default of payment, are at liberty to take appropriate steps against the petitioner in accordance with Disposed of in above terms. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable denounced the practice of forcibly taking possession. The observation of In conclusion, we can say that we are governed by a rule of law in the country. The recovery of loans or seizure of vehilces could rough legal means. The bank can not employ Goondas to take possession by force.” With the consent of the parties, the present case is taken up for Senior Superintendent of Police, is directed to take all necessary steps to ensure that there is no obstruction in plying of the vehicle of the petitioner at the behest of The petitioner undertakes to clear entire outstanding amount s from today and will continue to pay the pending installments on time. In case of default of payment, respondents Nos.4 and 5 the petitioner in accordance with HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.02 17:45 I attest to the accuracy and authenticiy of this order/judgment