R OMPRAKASH CHORALIYA Vs. DEPUTY INSPECTOR GENERAL OF

JUDGEMENT

(1.) THE petitioner is a Financier who has fi"nanced Motor Vehicles on hire purchase basis to persons who wanted to buy vehicles but who did not have adequate funds for the purchase of the vehicles. Under the terms of the Hire Pur"chase Agreement, the petitioner has the right to seize and possess the vehicles without the intervention of the Court. Unfortunately, the petitioner has come to be implicated in Criminal cases whenever such seizure is attempted or made.

(2.) THEREFORE, the petitioner filed Criminal petitions under Section 482 Cr. P.C. on the file of this Court, in Crl.O.P. No. 3737 to 3741 of 2007. By an order dated 6.6.2007 those Crimi"nal Petitions were disposed of with a direction to the petitioner to work out his remedies un"der Article 226 of the Constitution of India. THEREFORE, the petitioner has come up with the present writ petition seeking a direction to the respondents, to provide adequate aid for repossessing the vehicles from the defaulters as per the terms of Hire Purchase Agreement.

(3.) AFTER the Judgment of the Supreme Court in ICICI Bank Ltd. Vs. Prakash Kaur (2007) 2 MLJ 854 : 2007 (2) CTC 334, the banks and financial institutions are not entitled to engage Collection agents for the purpose of taking repossession of the vehicles. Such methods of taking possession of the vehicles were held by the Apex Court to be unlawful.