Patna High Court
Prabhat Ranjan vs The State Of Bihar on 26 March, 2025
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.289 of 2024
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Prabhat Ranjan Son of Shri Ram Naresh Sharma Resident of Village-
Nandanpura, PS - Makhdumpur, District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Finance Department,
Govt. of Bihar.
2. The Chief Manager, Reserve Bank of India at South Gandhi Maidan, Patna-
4.
3. The Manager, Asset Finance, H.D.B. Financial Service Limited, First Floor,
Hanuman Nagar, Raaza Bazar, Jehanabad-804408.
4. The General Manager, H.D.B. Financial Services Ltd. 3rd and 4th Floor,
Hemlatha Mansion, 7-1-397/11 and 112, S.R.R. Nagar, Hyderabad-500038,
Telangana.
5. Recovery Officer, (Namely Ravi Kumar), of H.D.B. Financial Serivices
Limited, 1st Floor G.R. Tower, Nagmatiya Road, Gaya (Near- Railway
Hospital).
6. Recovery Agent, Vikash Kumar, H.D.B. Financial Serivices Limited,
Nagmatiya Road, Gaya.
7. Superintendent of Police, Nalanda District.
8. Officer I/C Police Station, Noor Sarai, District- Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Adv.
For the Respondent/s : Mr. Government Pleader 02
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 26-03-2025
Heard the learned counsel for the parties.
The present writ petition has been filed for the following
relief(s):-
"(I). Respondent Authority be ordered to
pay Insurance value of Rs. 12 lakh to petitioner.
(ii) Respondent Authority be ordered to
pay compensation to the petitioner @ Rs. 3000/- per
day with effect from 15.01.2023 (the date of seizure of
vehicle) to the date of payment of Insurance of Vehicle
to the petitioner.
Patna High Court CWJC No.289 of 2024 dt.26-03-2025
(III) Respondent Authority be directed to
institute F.I.R. against Recovery Officer Ravi Kumar
and Recovery Agent Vikash Kumar of HDB Financial
Services Ltd. Branch 1st Floor G.R. Tower Nagmatiya
Road, Gaya (Near Railway Hospital)."
(IV) Any other relief/ reliefs for which the
petitioner is found entitled in accordance with law.
3. Learned counsel appearing on behalf of the petitioner
has stated that the petitioner has obtained a loan of Rs. 7,15,000/-
from HDB Financial Services Limited, Nagamatiya Road Gaya in
respect of Tata LPT 3118 TC bearing Registration No. JH-02W-
3663. Further, counsel has stated that the petitioner was required to
pay a monthly Equated Monthly Installment (EMI) of Rs. 30,150/-
to the HDB Financial Service Limited and he has been paying the
said installments. However, the respondent HDB Financial
Services Limited without any prior notice or without any
intimation, have seized the vehicle of the petitioner in high handed
manner at Tharthari Road, P.S. Noor Sarai, District-Nalanda.
Learned counsel has stated that the manner in which the vehicle
has been seized is contrary to the well settled principles of law.
That the respondent HDB Financial Service Limited cannot take
the law in its own and seize the vehicle without giving an
opportunity to the petitioner or putting him on notice. Further, it is
stated that though the petitioner has been paying the monthly EMIs
regularly, the authorities have sold the vehicle by back dating the
letter of intimation addressed to the petitioner intimating about the
Patna High Court CWJC No.289 of 2024 dt.26-03-2025
sale of the vehicle. Learned counsel has therefore, prayed this
Hon'ble Court to allow the present writ petition and grant the
prayer sought for.
4. Per contra, the learned counsel appearing on behalf of
the respondents has vehemently opposed the very maintainability
of the present writ petition. Learned counsel has drawn the
attention of the Court to the loan statement in respect of the
vehicle loan availed by the petitioner and pointed out to the
various installments paid by the petitioner by way of cheques,
which reflects that the cheques have bounced. Learned counsel has
stated that the cheques given by the petitioner have bounced
approximately 15 times therefore, the authorities left with no other
alternative remedy have put the petitioner on notice and taken
possession of the subject vehicle strictly in accordance with the
provisions of the agreement entered between the parties. Further, it
is stated that though the petitioner was given ample opportunity to
pay the balance installments, he has not availed the same. That
prior notices were issued to the petitioner but failed to pay the
balance 17 installments out of the total 30 installments. That the
respondent/Bank had no other option but sell the vehicle by way of
public auction. Learned counsel has drawn the attention of the
Court to the various notices issued to the petitioner wherein the
Patna High Court CWJC No.289 of 2024 dt.26-03-2025
petitioner was intimated about the payments due. Learned counsel
has therefore, prayed this Hon'ble Court to dismiss the present
writ petition.
5. A perusal of the documents more particularly, the
statement of loan account taken by the petitioner reveals that the
petitioner was liable to clear the loan of Rs. 7,15,000/- in 30 EMIs,
however he has paid only 13 installments. A perusal of the loan
account statement shows that the cheques issued by the petitioner
were repeatedly dishonored due to insufficient funds. Further, the
record reveals that the petitioner was put on prior notices before
the sale of the vehicle was done. Further, it is to be noted that an
Arbitrator had also been appointed in this particular case and the
said Arbitrator has passed the award dated 09.06.2023 in favour of
the respondent/Bank but for reasons best known to the petitioner,
he did not appear before the said arbitrator.
6. Further, the seizure and sale of the vehicle is a
consequential act done after passing of the award therefore, it
cannot be said that the respondent authority have highhandedly
seized the vehicle without following any procedure. The petitioner
has been given ample opportunity to repay the loan amounts but
having failed to do so, the authorities have rightly seized the
vehicle and sold the same in public auction.
Patna High Court CWJC No.289 of 2024 dt.26-03-2025
7. Having regard to the above, this Court does not find
any merit in the present writ petition which warrants any
interference by this Court and the same is accordingly dismissed.
However, in case the petitioner has any other grievance, he is free
to approach the civil court for redressal of the same.
8. The writ petition accordingly, dismissed.
(A. Abhishek Reddy, J)
Ayush/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.04.2025.
Transmission Date NA
