120 IN THE HIGH COURT OF PUNJAB AND HARYANA DARSHAN SINGH STATE OF PUNJAB AND OTHERS CORAM: HON’BLE MR. Present: Mr. HARPREET SINGH BRAR 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of directions to respondent No.4 petitioner bearing registration No.PB legal action against respondent No. his vehicle freely for the purpose of transport business. 2. The brief facts of the case are that the petitioner purchased commercial vehicle 0688 in the year hypothecation of loan was entered in the registration certificate of the vehicle. The financed amount of the vehicle was in 59 installments of petitioner was paying the installments regularly and there was no default in payment of the same, however, on account of some loss, the petitioner could not pay last three amount, however, respondent No. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DARSHAN SINGH V/S PUNJAB AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Nipun Bhardwaj, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 for issuance of directions to 4 not to interfere in the free plying of the vehicle of the petitioner bearing registration No.PB-10-JM-0688 legal action against respondent No.4 who is not allowing the petitioner to ply his vehicle freely for the purpose of transport business. The brief facts of the case are that the petitioner purchased commercial vehicle make Ashok Leyland bearing registration No. in the year 2024 and the same was financed by respondent No. hypothecation of loan was entered in the registration certificate of the vehicle. The financed amount of the vehicle was Rs.22,46,000/ in 59 installments of Rs.48,250/- per month. petitioner was paying the installments regularly and there was no default in payment of the same, however, on account of some loss, the petitioner could three installments. Further, the petitioner has paid the amount, however, respondent No.4 is adamant to recover the vehicle forcibly IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28772-2025 Date of decision: 26.05.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR Advocate for the petitioner. The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 for issuance of directions to interfere in the free plying of the vehicle of the 0688 and to take appropriate who is not allowing the petitioner to ply his vehicle freely for the purpose of transport business. The brief facts of the case are that the petitioner purchased bearing registration No.PB-19-JM- and the same was financed by respondent No.4, as such, hypothecation of loan was entered in the registration certificate of the vehicle. 22,46,000/-, which was to be paid It is further alleged that the petitioner was paying the installments regularly and there was no default in payment of the same, however, on account of some loss, the petitioner could installments. Further, the petitioner has paid the substantial is adamant to recover the vehicle forcibly MANISHA 2025.05.27 14:00 I attest to the accuracy and authenticiy of this order/judgment CRM-M-28772 only because three severe slump in transport business of the petitioner. 3. Learned counsel for the petitioner agents of respondent No. vehicle bearing registration No. 25.04.2025, when the vehicle of the petitioner was on road for business purpose, it was stopped by agents/musclemen of respon that due to wrongful and consistent actions of respondent No. the petitioner remained un Learned counsel further submi against the settled principal of law but also against the judgment passed by Hon'ble Apex Court in ‘ SCC 532 and ‘Manager, ICICI Bank Ltd. vs. Parkash Kaur 711. He furthermore submits that even the guidelines issued by Reserve Bank of India in Clause (III) of Clause (B) of the Master Circular Code dated 01.07.2015, postulates non he submits that the action of respondent No. 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 respondents No.1 to the duty of the State to protect the life and liberty of every citizen and to ensure that the rule of law is maintained. 6. The Hon'ble Supreme Court vide its judgment dated 26.2.2007 in case titled as Manager, ICICI Bank Ltd. 28772-2025 2 three installments are due, which has occurred on account of severe slump in transport business of the petitioner. Learned counsel for the petitioner agents of respondent No.4 are making desperate attempts to recover the vehicle bearing registration No.PB-10-JM-0688 , when the vehicle of the petitioner was on road for business it was stopped by agents/musclemen of respon that due to wrongful and consistent actions of respondent No. the petitioner remained un-operational and stationary, resulting in heavy losses Learned counsel further submits that action of private respondent is not only 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 Manager, ICICI Bank Ltd. vs. Parkash Kaur He furthermore submits that even the guidelines issued by Reserve Bank of India in Clause (III) of Clause (B) of the Master Circular Code dated 01.07.2015, postulates non-coercive methods of recovery. Lastly, t the action of respondent No.4 falls within the teeth of Article 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 respondents No.1 to the duty of the State to protect the life and liberty of every citizen and to ensure that the rule of law is maintained. The Hon'ble Supreme Court vide its judgment dated 26.2.2007 in Manager, ICICI Bank Ltd. (supra) installments are due, which has occurred on account of severe slump in transport business of the petitioner. Learned counsel for the petitioner submits that now the recovery are making desperate attempts to recover the 0688. He further submits that on , when the vehicle of the petitioner was on road for business it was stopped by agents/musclemen of respondent No.4. He submits that due to wrongful and consistent actions of respondent No.4, the vehicle of operational and stationary, resulting in heavy losses ts that action of private respondent is not only against the settled principal of law but 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 He furthermore submits that even the guidelines issued by Reserve Bank of India in Clause (III) of Clause (B) of the Master Circular-Fair Practices coercive methods of recovery. Lastly, falls within the teeth of Article Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of respondents No.1 to 3 and submits that it is the duty of the State to protect the life and liberty of every citizen and to The Hon'ble Supreme Court vide its judgment dated 26.2.2007 in pra) deprecated and denounced MANISHA 2025.05.27 14:00 I attest to the accuracy and authenticiy of this order/judgment CRM-M-28772 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 co be done only through legal means. The bank can not employ 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 Senior Superintendent of Police, Khanna, Police District Khanna, District to take all necessary steps to ensure that there is no obstruction in plying of the vehicle of the petitioner at the behest of respondent No. 8. The petitioner undertakes to within a period of two months from today and will continue to pay the pending installments on time. In case of default of payment, respondent No. liberty to take appropriate steps against the petitioner in accordance 9. Disposed of in above terms. May 26, 2025 manisha (i) (ii) 28772-2025 3 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 co 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, Khanna, Police District Khanna, District Ludhiana to take all necessary steps to ensure that there is no obstruction in plying of the vehicle of the petitioner at the behest of respondent No. The petitioner undertakes to clear entire outstanding amount within a period of two months from today and will continue to pay the pending installments on time. In case of default of payment, respondent No. liberty to take appropriate steps against the petitioner in accordance Disposed of in above terms. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable the practice of forcibly taking possession. The observation of Hon'ble Apex "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, Ludhiana-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 respondent No.4. clear entire outstanding amount within a period of two months from today and will continue to pay the pending installments on time. In case of default of payment, respondent No.4 is at liberty to take appropriate steps against the petitioner in accordance with law. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.27 14:00 I attest to the accuracy and authenticiy of this order/judgment