Patna High Court
Pankaj Kumar vs The State Bank Of India Through The ... on 23 March, 2018
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5363 of 2018
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Pankaj Kumar, Son of Sri Janardan Prasad, Resident of Kali Prasad Tola,
Rajendra Nagar, Madhubani, P.S. K. Hat, District- Purnea.
.... .... Petitioner
Versus
1. The State Bank of India through the Branch Manager, Main Branch, Purnea.
2. The Regional Manager, State Bank of India, Regional Office, Purnea.
3. The Chief General Manager, State Bank of India, Head Office, Gandhi Maidan,
Patna.
4. The Chief Manager, SARB (Stressed Assets Recovery Branch), IInd floor,
Main Branch, Patna.
5. The Authorised Officer, SARB IInd Floor, Main Branch, Patna.
6. The Reserve Bank of India, Regional Office, Gandhi Maidan, Patna.
.... .... Respondents
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Appearance :
For the Petitioner : Mr. Kumar Praveen, Advocate
For Respondent-Bank : Mr. Kaushlendra Kumar Sinha, Advocate
For Respondent-RBI : Mr. Kaushal Kr. Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 23-03-2018
Heard learned counsel for the petitioner as well as
learned counsel for the respondents.
2. The present writ petition has been filed for the
following reliefs--
"(A) For issuance of an appropriate
writ/writs, order/s, direction/s commanding the
respondents to release the petitioner's vehicles ASHOK
LEYLAND 12M BUS (ASH AC DELUXE SLEEPER BUS)
BEARING registration No. (1) BR11T/6626, Engine No.
ETEZ418090, Chassis No. MB1PREJC 2EETPO976 and
(2) BR11T/6627, Engine No. EYEZ410244, Chassis No.
MB1PREJC4EGYXA5008 so taken over in possession by
the respondent State Bank of India through their
Patna High Court CWJC No.5363 of 2018 dt.23-03-2018
2/5
recovery agent musclemen in most illegal and arbitrary
manner violating the direction and guidelines of
Hon'ble Apex Court and Hon'ble High court and also
violating the guidelines of the Reserve Bank of India for
not indulging in repossessing the vehicle on hire
purchase agreement this action has been taken by the
respondent bank due to default in payment of
installments. The aforesaid buses of petitioner were
virtually snatched by the musclemen of recovery agent
at the instance of the respondent bank at about 7 A.M.
when the aforesaid buses of petitioner was on way to
Patna bus stand from Purnia with passengers.
(B) For direction to the respondent
bank/recovery agent to hand over the physical
possession of the petitioner aforesaid buses in a fit
condition as it existed at the time of possession by the
recovery agents from the drivers of petitioner's buses.
The buses of the petitioner are at present in the
possession of recovery agent/respondent bank.
(C) For direction to the Respondent bank
and its officials to compensate the loss of business of
petitioner as well as compensation for the Economical,
Physical and Mental harassment/agony to the
petitioner by such arbitrary and unwarranted action by
the recovery agent of the respondent bank which has
been depreciated by the Hon'ble Court and Hon'ble Apex
Court in several judicial pronouncements.
(D) For any other relief/relies to which the
petitioner is found entitled under the facts and
circumstances of the present case ".
Patna High Court CWJC No.5363 of 2018 dt.23-03-2018
3/5
3. Learned counsel for the petitioner states that a loan of
Rs. 74 lakhs was taken from the respondent Bank in the month of
November 2014 and its EMI (equated monthly instalment) was fixed
Rs.1.42 lakhs per month for 84 months. The loan was to be repaid by
January, 2022. The petitioner purchased two buses bearing
registration nos. BR11T/6626 and BR11T/6627 utilising the aforesaid
loan as well as Rs. 22 lakhs of his own fund. The monthly instalments
were being regularly paid until one of the buses, namely, BR11T/6626
met with an accident on 09.01.2017 and was off road while undergoing
repairs for the heavy damage suffered and could only start plying once
again after 15.03.2017. The Bank, in the meanwhile, on 28.02.2017
classified the petitioner's loan account as NPA. On 07.01.2018, the
petitioner's bus bearing registration No. BR11T/6626 was forcibly
taken from the driver by the respondent-bank's musclemen, pursuant
to which the petitioner made payment of Rs. 1,56,200/-on the next day
i.e. on 08.01.2018 and further payment of Rs. 3,00,000/- , a day later on
09.01.2018, requesting for some time to make payment of the remaining dues. However on 1.02.2018, the other bus bearing registration no. BR11T/6627 was forcibly taken possession of by the recovery agent of the respondent Bank. It is stated that these two buses of the petitioner have now been put up for auction sale in terms of the notice published on 16.03.2018 which is fixed on 26.03.2018.
4. Learned counsel for the petitioners states that the Patna High Court CWJC No.5363 of 2018 dt.23-03-2018 4/5 petitioner undertakes to make payment of 10% of the total outstanding amount within a period of 15 days hereof and the remaining amount in six equal monthly instalments. Reliance is placed on a decision of the Apex Court in the case of Manager, ICICI Bank Ltd. Vs. Prakash Kaur & Ors. (AIR 2007 Supreme Court 1349) wherein the Hon'ble Apex Court directed release of the vehicle in question on certain terms and conditions.
5. Having regard to the nature of the grievance of the petitioner and in the interest of justice, this Court directs that auction sale of the two vehicles of the petitioner shall remain stayed for the time being. The parties shall sit together and reconcile the accounts of the petitioner and ascertain the amount outstanding as on date . This exercise should be done within a week from today. Thereafter the petitioner is granted liberty to make payment of 10% of such outstanding amount within a period of one week of such determination. Upon such payment, the bus of the petitioner shall be provisionally released forthwith. The remaining amount shall be paid by the petitioner in six equal monthly instalments with liberty to the Bank to repossess the buses and proceed for auction in case of failure of payment of any of the monthly instalments by the petitioner.
6. It is made clear that the petitioner, upon release of the vehicles, shall not create any encumbrance in r espect of the buses nor dispose of the same until outstanding dues of the bank have been Patna High Court CWJC No.5363 of 2018 dt.23-03-2018 5/5 cleared in full.
7. The writ petition accordingly stands disposed of.
(Vikash Jain, J) B.T/-
AFR/NAFR AFR CAV DATE N.A. Uploading 27.03.2018 Date Transmission N.A. Date