Arindam Sinha, J. - (1.) Mr. Chel, learned advocate appears on behalf of the petitioner and submits a car purchased under hire purchase agreement with the respondent no. 7 was forcibly taken away by the financier upon assaulting the petitioner on 6th November, 2008. The petitioner filed this writ petition and obtained order dated 2nd February, 2009. The reasons for direction being made therein are set out below:- Since it has been fairly admitted that private respondent nos. 7 and 8 obtained possession of the vehicle without following the due process of law and only relying on the terms of the agreement with the writ petitioner, the matter has to be looked into. The respondent nos. 7 and 8 submit that the vehicle had been sold in the month of November, 2008 and a consideration of Rs. 1.60 lacs approximately has been received. The respondent nos. 7 and 8 are directed to put in such sum of Rs. 1.60 lacs with the Registrar General and the Registrar General is directed to put in such money by way of a fixed deposit for the shortest possible term renewable for such short duration, pending orders of Court.
(2.) The petitioner has prayed for orders on allegation of police inaction. The petitioner seeks directions upon the respondent nos. 4 and 5 to take steps against the private respondent no. 7 as per complaint dated 10th November, 2008 and to recover vehicle bearing registration, Mr. Chel submits, W.B. 16T/1567. Mr. Chel submits further, the police Authorities have not done anything. They have not even registered a case.
(3.) Mr. Behani, learned advocate appears on behalf of the State and submits, he awaits further instructions. Instructions had at the present time are to the effect that the financier claimed ownership of the vehicle under hire purchase agreement and, therefore, till now no steps had been taken.;