- (1.) By means of the present writ petition, the petitioner seeks a writ, order or direction in the nature of mandamus directing the respondent No. 4, i.e., I.C.I.C.I. Bank Ltd. Sardar Patel Marg, Civil Lines, Allahabad to release the Mini Bus Tata 407 having registration No. U.P. 70 AT 6632 to the petitioner. A further direction is sought in the nature of mandamus to direct the respondents No. 5 and 6 to register the case against the respondents on the basis of an application filed as Annexure-4 to the writ petition.
(2.) Briefly stated the facts giving rise to the present petition are as follows: The petitioner had purchased a Mini Bus Tata 407, which was financed by the I.C.I.C.I. Bank Ltd. Civil Lines, Allahabad. Its registration No. is U.P. 70 AT 6632 and Chasis No. 357166 ATZ 452481 and Engine No. 4075. It was financed by the I.C.I.C.I. Bank Ltd. under the terms of an agreement dated 29.3.2007, a copy of which has been placed on record by the bank alongwith the counter-affidavit as Annexure-CA 1. It appears that the petitioner defaulted in payment of instalments as a result of which it is the case of the petitioner that the bank forcibly seized the vehicle on 6.5.2008 without adopting due process of law. We may mention here that a total sum of Rs. 4,82,762 was advanced by the bank for the purchase of vehicle in question and a monthly instalment of Rs. 14,575 was fixed towards the loan instalment. The vehicle was seized on 6.5.2008. whereafter, the petitioner informed the Senior Superintendent of Police. Allahabad, by means of an application dated 19.5.2008. No action was taken whereopon, the petitioner has approached this Court seeking aforementioned reliefs. Counter and rejoinder-affidavits have been exchanged. With the consent of the learned Counsel for the parties, this writ petition is disposed of finally at the admission stage itself in accordance with the Rules of the Court.
(3.) Learned Counsel for the petitioner submitted that the vehicle was seized by the recovery agents employed by the bank on 6.5.2008 without taking recourse to the provisions of law. She relied upon a decision of the Apex Court in the case of I.C.I.C.I. Bank Ltd. v. Prakash Kaur and Ors., 2007 2 SCC 711, wherein, the Court has held that the bank should resort to procedure recognised by law to take possession of vehicles in cases where borrower has committed default instead of resorting to strong arm tactics.;