Rohit Shukla vs State Of U.P. And 2 Others
2022 Latest Caselaw 4983 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 13224 of 2022
 

 
Petitioner :- Rohit Shukla
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Brijesh Kumar Kesharwani
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Chandra Kumar Rai,J.

The instant writ petition has been filed praying for a mandamus directing to the respondent-Bank to release the vehicle of the petitioner bearing registration No.U.P. 70 E J 9888.

The petitioner has placed reliance on the judgment of Apex Court in case of ICICI Bank Ltd. vs. Prakash Gaur (2007) 2 SCC 711 wherein Apex Court has deprecated the practice adopted by the Bank in seizing the vehicle by hiring recovery agents.

He states that the petitioner is ready to pay the entire loan amount, so that the vehicle is released.

Accordingly, without expressing any opinion on merits, we dispose of the instant writ petition with liberty to the petitioner to make payment and seek release of the vehicle. In such an event, the vehicle shall be released forthwith.

Order Date :- 6.6.2022

PS

(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,J.)