- (1.) Heard, learned Counsel for the Petitioner.
(2.) By this petition, Petitioner has prayed for following reliefs: (i) issue a writ, order or direction in the nature of mandamus commanding the Respondent not to take forcibly possession of Truck No. UP-70-AT-7959 through their re-possession agents. (ii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iii) To award the cost of the writ petition in the favour of the Petitioner.
(3.) The Petitioner has taken a loan of Rs. 10 lacs in the month of November, 2007 from the Respondent Commercial Auto Sales (Pvt.) Ltd for purchase of a Truck which was to be repaid in 44 instalments upto 2011. Petitioner's case is that certain default was committed in depositing the loan, hence the truck which was financed by the Respondent was repossessed by the agents of the Respondent. Petitioner's case is that a letter dated 21.9.2010, has been issued by the Respondent to all repossession agents that an amount of Rs. 1 lac has been deposited vide Cheque dated 20.10.2010, and the next installment be paid by 2.10.2010. The letter advised that the above vehicle be not held upto 3.10.2010. Petitioner has also filed an application for impleadment of the State of U.P. through the Collector Allahabad and the Deputy Inspector General of Police as Respondent Nos. 2 and 3. In the writ petition, allegations have been made against the Respondent Commercial Auto Sales Pvt. Ltd and its agent which is a private concerned.;