The High Court disposed of the writ petition praying for release of a seized vehicle without expressing an opinion on merits. The petitioner secured liberty to pay the loan amount and seek immediate release of the vehicle.
Liberty granted to petitioner to make payment and seek immediate release of the vehicle.
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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.)
Digitally signed by PRITI SHARMA Date: 2022.06.13 11:33:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether writ of mandamus should be issued directing the bank to release the seized vehicle.
Colour shows how this judgement treated each authority
ICICI Bank Ltd. vs. Prakash GaurReferred¶6
(2007) 2 SCC 711 · Who else cites this
1 provisions across 1 enactments
Rohit Shukla
State Of U.P.
Manoj Kumar Gupta
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
