RAFIQ AHMAD Vs. UNION OF INDIA

JUDGEMENT

(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:

(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.