HARJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been filed with a prayer for directing respondent Nos.1 to 3 to take appropriate legal action against respondent Nos. 4 and 5 who have taken away the vehicle of petitioner bearing Registration No.PB10-CX-9437 by recovering the same while it was running on road on a commercial assignment and to recover vehicle which is now in illegal custody of respondent Nos. 4 and 5 and restore the possession of the same to the petitioner. Admittedly, petitioner has taken loan for the purchase of the aforesaid vehicle and the same is hypothecated with respondent Nos.4 and 5. It is not in dispute that as per loan agreement respondents can repossess the vehicle in question in case of default in payment.

(2.) Admittedly, petitioner is a defaulter in payment of loan to respondent Nos.4 and 5. There is nothing on record to show that respondent Nos. 4 and 5 have used the force against the petitioner while repossessing the vehicle in question.

(3.) The Hon'ble Supreme Court of India in the case of Sakiri Vasu vs. State of Uttar Pradesh and another, 2008 2 SCC 409 observed as under: