MOHAMMAD SHAMIM Vs. RESERVE BANK OF INDIA, MUMBAI

JUDGEMENT

(1.) Heard Sri Shukla learned counsel for the petitioner and perused the record.

(2.) An affidavit has been filed on behalf of the petitioner stating that Sri Shivam Sharma has been duly informed about the case being heard on the date when the judgment was reserved. Along with the affidavit copy of the judgment as relied upon by the petitioner in the case of Federal Bank Ltd. vs. Sagar Thomas and others, 2003 10 SCC 733 has also been brought on record.

(3.) The petitioner had taken a loan for the purchase of a vehicle from a private finance company, namely M/s. City Corp. Financial India Ltd., respondent no. 3 herein. On account of default of payment of loan in terms of the agreement the vehicle appears to have been taken into possession by the finance company and it is on this happening that the petitioner filed this writ petition on 3.4.2013 praying for a mandamus restraining the Assistant Regional Transport Authority from registering the transfer of ownership of the vehicle in the name of any third person and further a mandamus to direct the Reserve Bank of India to ensure strict compliance of the judgment in the case of Manager, ICICI Bank Ltd. vs. Prakash Kaur and others, 2007 25 LCD 999.