- (1.) WE have heard Sri Sriprakash Dwivedi learned Counsel for the petitioner, Dr. Ashok Nigam, learned Addl. Solicitor General of India appearing on behalf of respondent No. 1 and Sri Manish Trivedi, appears on behalf of respondents No. 2 and 3.
(2.) LEARNED Counsel for the petitioner states that no rejoinder affidavit is required to be filed, therefore, we have taken up this matter for final disposal. In the year 2004, the petitioner was disbursed a loan of Rs. 9,18. 000 from the ICICI Bank Ltd. , Civil Lines, Allahabad-respondent No. 3 for purchase of a truck under loan agreement. The petitioner has purchased truck No. MP 17c/5416 for carrying goods and got the vehicle registered with Transport Authority, Rewa (M. R ). According to the repayment schedule, the aforesaid loan was to be paid in 34 equal monthly instalments of Rs. 30. 625. The first instalment was payable on 7. 1. 2007. . The petitioner deposited all 34 instalments with the ICICI Bank, Allahabad within time by 8. 1. 2007 and thereafter the petitioner contacted the respondents bank for release of papers of vehicle mortgaged against the said loan.
(3.) THE respondents bank did not release papers of mortgaged vehicle of the petitioner and issued a letter dated 16. 3. 2007 calling upon the petitioner to remit two more instalments aggregating to Rs. 61,790. According to the petitioner, despite the fact that all the receipts of deposit were produced by the petitioner the respondents bank to show that there was no default in payment of instalments and the entire dues have been paid, the respondents bank has not reconceived the accounts of the petitioner. Subsequently on 7. 7. 2007, 13. 8. 2007 and 12. 10. 2007 the respondents bank issued letters to the petitioner-calling upon her to pay one instalment. Thereafter in order to ensure recovery of instalment, the respondents bank started sending recovery/collection agent and other gundas and musclemen, who were harassing the petitioner due to which the petitioner was not able to ply her vehicle smoothly and suffered in her business activities adversely, which was the only source of her livelihood.;