Patna High Court
Amit Kumar vs The State Bank Of India on 8 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17370 of 2019
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Amit Kumar Son of Rajendra Prasad Sah Resident of Mohalla- Mahboob
Khan Tola, Kali Mandir, Ashram Road, District- Purnea.
... ... Petitioner/s
Versus
1. The State Bank of India Through the Branch Manager, Main Branch,
Purnea.
2. The Regional Manager State Bank of India, Regional Office, Purnea.
3. The Chief General Manager State Bank of India, Local Head Office, Gandhi
Maidan, Patna.
4. The Chief Manager SARB (Stressed Assets Recovery Branch), IInd Floor,
Main Branch, Patna.
5. The Authorised Officer SARB IInd Floor, Main Branch, Patna.
6. The Chairman and Managing Director State Bank of India, H.O.- Mumbai.
7. The District Transport Officer Kishanganj.
8. The Oriental Insurance Company Limited Through its Chairman H.O.- New
Delhi.
9. The Branch Manager Oriental Insurance Company Limited, Kali Bari Road
branch, Purnia.
10. The State of Bihar Through The Principal Secretary, Department of
Transport, Govt. of Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Respondent/s : Mr. Anil Kumar Singh (GP 26)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Patna High Court CWJC No.17370 of 2019 dt.08-12-2022
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-12-2022
Petitioner has prayed for the following relief(s):-
"A) For issuance of an appropriate writ/writs,
order/s, direction/s commanding the respondent
bank to release the petitioner's vehicles TATA
709/42 BSII (MARCOPOLO) Bus bearing
Registration No.
(i) BR37G/7227, Engine No.
497TC92GWY835169 Chassis No.
MAT454062D7G21420 and
(ii) BR37H/7227, Engine No.
497TC92GWY834400 Chassis No.
MAT454062D7D21481 so taken over in
possession by the respondent State Bank of
India through their recovery agent/musclemen in
most illegal and arbitrary manner without any
information and without giving inventory of the
seizure of aforesaid vehicles violating the
direction and guidelines of Hon'ble Apex court
and Hon'ble High court and also violating the of
the Reserve Bank Of India for not indulging in
repossessing the vehicle on hire purchase
agreement this action has been taken by the
respondent bank due to default in payment of
installments. The aforesaid buses of petitioner
were virtually snatched by the musclemen of
recovery agent at the instance of the respondent
bank.
B) For direction to the respondent bank/
Patna High Court CWJC No.17370 of 2019 dt.08-12-2022
recovery agent to hand over the physical
possession of the petitioner aforesaid buses in a
fit condition as it existed at the time of
possession by the recovery agents from bus
stand, Purnia. The buses of the petitioner are at
present in the possession of recovery agent of
the respondent bank.
C) For direction to the respondent D.T.O., bank
and insurance company and its officials to
compensate the loss of business of petitioner @
Rs-10,000/- per bus per day as well as direction
for payment of the litigation cost along with
compensation for the Economical, Physical and
Mental harassment/ agony to the petitioner due
to arbitrary and unwarranted action of the
recovery agent of the respondent bank.
D) For any other relief/reliefs to which the
petitioner is found entitled under the facts and
circumstances of the present case."
Learned counsel for the respondents opposing the
petition refers to and relies upon the decision rendered by
Hon'ble the Supreme Court in Anup Sarmah Vs Bhola Nath
Sharma & Ors, (2013) 1 SCC 400 .
After matter was heard for sometime, learned counsel
for the petitioner submits that the petitioner be permitted to take
recourse to such other remedies as are otherwise permissible
and admissible in accordance with law.
Prayer, as prayed for, is granted.
Patna High Court CWJC No.17370 of 2019 dt.08-12-2022
Without expressing any opinion on merits, leaving all
questions of fact and law open, the present petition is disposed
of with the liberty aforesaid.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Spd/-Sujit
AFR/NAFR
CAV DATE
Uploading Date 12.12.2022
Transmission Date
