Single judge dismissed a writ petition challenging illegal seizure of a vehicle subjected to hire-purchase, stating remedy lies against the arbitration award before the appropriate forum.
Petition disposed of without any further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
10.02.2022 Item No. 14 Ct. No.13 Saswata
WPA 20895 of 2021 Tarikul Vs. State of West Bengal & Ors.
Mr. Mohinoor Rahaman Mr. Maria Rahaman
… for the petitioner
Ms. Chaitali Bhattacharyya … for the State
Mr. Sayak Ranjan Ganguly Mr. Pratip Mukherjee Ms. Asha Mehta
…for the respondent nos. 2 & 3
The writ petitioner complains that his vehicle was illegally seized by the respondent nos. 2 and 3.
The said vehicle was made hire purchase under finance obtained from the private respondents. The petitioner is stated to have defaulted in payment of loan installments. As a consequence, whereof the advance was recalled and arbitration proceedings were initiated and award dated 23.04.2021 has been passed. A copy of such award has been made over to the counsel for the petitioner.
In those circumstances, this Court is of the view that it would be a futile exercise, if not academic, to ascertain as to whether the possession of the vehicle is taken in accordance with the applicable rules or otherwise. The remedy of the petitioner would be against the award before the appropriate forum.
2
With the aforesaid observations, the writ petition being WPA 20895 of 2021 is, accordingly, disposed of without any further orders.
Since the respondents have not used any affidavit in opposition, the allegations contained in this writ petition, shall not be deemed to have been admitted by them.
Urgent photostat certified copy of this order, if applied for be given to the parties on priority basis upon completion of requisite formalities.
(Rajasekhar Mantha, J.)
Tarikul
State of West Bengal
Respondent No. 2 & 3
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
