TAPAN BOSE Vs. ICICI BANK LTD

JUDGEMENT

(1.) THEY are multi-nationals and therefore have background of having competent professionals and personnel. They have business in highly civilized and developed countries. They are engaged in the business of finance and lending. Their wealth is immense and they have lost track of their wealth. It is because of this that they don't pay any heed to the orders passed by the judicial and quasi-judicial authorities of this country dealing with the consumer disputes arising from their deficiency in service. They do not listen to the Apex Court of this country namely the Supreme Court of India. They do not believe in rule of law. They consider themselves above law. They don't believe in legal method of recovery of dues. For recovering few thousands of rupees towards loan amount by way of instalments from the borrower they engage musclemen and goondas as recovery agents who waylay people while they are driving the financed vehicle on the road along with their families. They drag them, beat them mercilessly, cause injuries like robbers and hardened criminals and snatch the key and take away the vehicle little realizing the urgency or the emergency of the person. They leave them stranded on the road. Some may be going to the hospital for some emergency. Some other may be going to attend some family function, or going to office or for business purpose. They even trespass into the residential and office complexes to forcibly seize the vehicle. They insult everyone, humiliate the inmates and create scene. They have driven people to commit suicide for few thousands.

(2.) IT was perhaps for such kinds of situation and people that a phrase was used in 'gulliver Travels' that "houyhnhnm of yesterday have become Yahoos of today". Later celebrated literateur Nirad C. Choudhary used this phrase in Autobiography of an Unknown Indian. We have used this phrase in one of our orders in Complaint Case No. C-83 of 2005 titled Vibhu Bhakru v. Standard Chartered Bank but unfortunately due to the reason that it is incomprehensible phrase the High Court of Delhi has expunged it. This has impelled us to explain as to the meaning of this phrase.

(3.) HOUYHNHNM is one of the nobel rational horse races. Yahoo is a name given by Swift in Gulliver Travels to a class of animals with the forms of men with the understanding and passion of brutes. In short Yahoo means a brutal or boorish lout or rude and houyhnhnm means a noble and civilized person.