AMAL KUMAR BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein has filed this application challenging the inaction on the part of the police authorities for taking steps to recover the vehicle which according to the petitioner has been taken away by the muscle men of HSBC Ltd. Admittedly, the said vehicle was taken under the Hire Purchase Agreement executed with the HSBC Ltd.

(2.) The learned Counsel of the petitioner submits that the monthly instalment for the month of May, 2003 could not be paid due to the failure of the Banker of the petitioner and due to the non-payment of the said instalment the muscle men of HSBC Ltd. took forcible possession of the vehicle from the petitioner on 7-6-2003.

(3.) The learned Counsel of the respondent Nos. 5, 6 and 7 admits that no order has been obtained from any Court of law for taking possession of the said vehicle in terms of the hire purchase agreement. According to the learned Counsel of the Bank, the possession of the vehicle was taken under the agreement for failure of making payment of the instalments.