Allowed

Prabhjot Singh v. State of Punjab and Ors.

Punjab & Haryana HC5 Sept 2013CRM-M/21689/2013

Case brief

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What is this about?

Petitioner prayed for release of a financed vehicle retained by police after loan default. Matter was amicably settled via mediation with payment of dues. Petitioner deposited the immediate sum in court. Court directed police to release the vehicle.

What did the court decide?

Direction to the SHO, Police Station Khoom Kalan, Ludhiana, to release the petitioner's vehicle immediately.

Prabhjot Singh Vs State of Punjab and Ors. — Property and Title | Punjab & Haryana HC (2013)

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[ 1 ]

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Crl. Misc. No. M-21689 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M-21689 of 2013 (O&M) Date of Decision: Sept. 05,2013

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Prabhjot Singh ..................................... Petitioner

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Versus

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State of Punjab and others .................. Respondents

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Coram: Hon'ble Ms. Justice Ritu Bahri

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1.To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Present: Mr. Y.M.Bhagirath, Advocate for the petitioner.

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Mr. D.S.Virk, AAG, Punjab.

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Mr. Nitin Thatai, Advocate for respondent No.5.

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RITU BAHRI, J. (Oral)

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This petition is for directing the respondents to release Mahindra Thar CRDE 4 x 4 BS4, Silver colour, bearing Engine No. BUBB4F33384, Chessis No. MA1SL4BUNB2 G84788 and bearing Temporary No. PB10-DD(Tem.) 2011 1971, owned by Prabhjot Singh son of Rachpal resident of village Ghumaitt, Khoom Kalan, Mahawara Road, Ludhiana.

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The petitioner got his vehicle financed from

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Kaur Rupinder 2013.09.06 15:52 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-21689 of 2013 (O&M) [ 2 ]

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Mahindra and Mahindra Finance Services Limited as per letter dated 1.9.2011 (Annexure P1). An amount of 5,00,000/- was financed and instalment of 19,850/- per month was fixed towards re-payment of the loan amount. The petitioner paid the instalments regularly and a default occurred after 12.11.2012. He was informed in May 2013 that he had to pay 1,30,850/- immediately and from 29.5.2012 onwards he has to pay E.M.I regularly. The petitioner paid 40,000/- vide receipt dated 8.6.2013 (Annexure P4). Thereafter, the S.H.O. Police Station Khoom Kalan, District Ludhiana took the vehicle in possession on 11.6.2013.

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The parties were relegated to Mediation Centre by this Court and as per the report dated 4.9.2013 sent by the Director, Mediation & Conciliation Centre, which is duly signed by the petitioner, his counsel, representative of respondent No.5-Mr. Jai Narain and counsel for respondent No.5., the matter has been amicably resolved. As per the settlement, an amount of 1,50,000/- was to be paid on 5.9.2013 and another amount of 50,000/- was to be paid by way of cash or cheque at the Ludhiana Branch of respondent No.5 on 14.9.2013.

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The petitioner has paid the amount of `2,00,000/vide draft No.392083 dated 5.9.2013 in Court today to the respondent No.5 (Photocopy of the said draft is taken on

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Kaur Rupinder 2013.09.06 15:52 I attest to the accuracy and integrity of this document Chandigarh

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Crl. Misc. No. M-21689 of 2013 (O&M) [ 3 ] record). Hence, the commitment which was to be completed by 14.9.2013 has been complied today. It was further agreed that the balance amount of 1,30,000/- will be paid in five equal instalments of 26,000/- each. The first instalment of the same will be paid on or before 14.10.2013 and the final instalment on 14.2.2014.

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In view of the above, the claim of the respondent has been settled and the company has no objection if the vehicle is released in favour of the petitioner. It has been agreed that if the petitioner defaults in payment of the instalment, respondent No.5 shall be at liberty to take the vehicle again.

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In view of the above, this petition is being disposed of by giving a direction to the S.H.O. Police Station Khoom Kalan, District Ludhiana to release the vehicle, as detailed in para 1 above, in favour of the petitioner immediately.

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Copy of the order be given under the signatures of the Court Secretary.

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05.9.2013 ( RITU BAHRI ) Rupi JUDGE

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Kaur Rupinder 2013.09.06 15:52 I attest to the accuracy and integrity of this document Chandigarh

Prabhjot Singh v. State of Punjab and Ors.

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What is this about?

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Prabhjot Singh v. State of Punjab and Ors.

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