SWARAN SINGH Vs. SIKANDAR SINGH

JUDGEMENT

(1.) AS per the averments, the petitioner had obtained an amount of Rs. 9.25 lakhs as loan from the respondent. Out of the same, an amount of Rs. 5.25 lakhs already stands repaid. After getting the loan rescheduled, the petitioner has paid another amount of Rs. 1.75 lakh. In spite of the same, the truck of the petitioner was subsequently taken away by the musclemen employed by the respondent on 28.3.2009 with force and without the consent of the petitioner.

(2.) THE grievance of the petitioner before this Court is that the aforesaid action of the respondent is in violation of the directions issued by the Hon'ble Supreme Court in Manager, ICICI Bank Ltd. v. Parkash Kaur, 2007(2) RCR(Crl.) 76 : 2007(1) RAJ 810 and ICICI Bank v. Shanti Devi Sharma, 2008(3) RCR(Crl.) 463 : 2008(4) RAJ 188 and, therefore, the respondent should be proceeded under Section 12 of the Contempt of Courts Act.

(3.) IN response to the show cause notice issued by this Court, reply on behalf of the respondent was filed submitting that the petitioner has not come to this Court with clean hands and has concealed material facts from the knowledge of this Court. It was further submitted that the petitioner had committed default in making the repayments of the loan as he was bound to pay a sum of Rs. 11,84,758/- till 16.3.2009, the date on which the loan agreement itself expired. Since the petitioner had committed default, a registered notice dated 6.1.2006 was sent to him as well as guarantor to make the payment. Thereafter, on 21.3.2009, another notice was issued. Even thereafter, the payment was not made and ultimately as per the agreement the vehicle was repossessed on 28.3.2009 by the officials of the respondent-Company after informing the police vide Annexure R-4 and at the time of re-possessing the vehicle, inventory list was prepared which was duly signed by its driver.