ARINDAM BASU Vs. AMAL KUMAR BOSE

JUDGEMENT

(1.) This mandamus-appeal is at the instance of the private-respondents in a writ-application and is directed against the order dated 20th June, 2003 passed by a learned Single Judge of this Court thereby allowing the writ-application by directing the Police Authority to recover a vehicle from the custody of the private-respondents after making an inventory of the same and to hand over the vehicle to the writ-petitioner who was previously in possession of the same by virtue of a hire-purchase agreement with the private- respondents. His Lordship further ordered that the writ-petitioner would run the vehicle under his exclusive control and would keep the same in a running condition until the entire payment is made to the HSBC Bank Limited, the private-respondent, under the agreement. His Lordship had, however, not decided the validity of hire-purchase agreement or the actual amount of outstanding dues payable by the writ-petitioner in this writ-petition and observed that the said order would not stand in the way of the HSBC Bank Limited from initiating appropriate legal proceedings against the writ-petitioner for recovery of outstanding dues and/or taking possession of the vehicle in question.

(2.) Being dissatisfied, the HSBC Bank Limited, represented by its officers has come up with the present mandamus-appeal.

(3.) The facts giving rise to the filing of the present writ-application may be summed up thus: