2023 Supreme(P&H) 3055
VINOD S. BHARDWAJ
Gursharan Singh – Appellant
Versus
State of Punjab – Respondent
Advocates Appeared:
Mr. Karan Bhardwaj, Advocate; For the Petitioner in CWP-6214 of 2017, CWP-29220 of 2019, CWP-37495 of 2019, CWP-538 of 2020, COCP-1114 of 2020, CWP-2949 of 2020, CWP-2989 of 2020, CWP-6849 of 2020, COCP-1116 of 2020, CWP-7599 of 2020, CWP-17282 of 2020, CWP-12705 of 2021, CWP-24842 of 2021, CWP-1978 of 2023 CWP-11392 of 2023 and CWP-12108 of 2023.
Ms. Satinder Kaur, Advocate; For the Petitioner in CWP-1671 of 2020, CWP-4874 of 2022, CWP-13356 of 2023 and CWP-13279 of 2023.
Mr. H.S. Jalal, Advocate; For the Petitioner in CWP-25537 of 2022 & CWP-9352 of 2022.
Mr. Gagandeep Singh, Advocate for Mr. J.S. Saneta, Advocate; For the Petitioner in CWP-12411 of 2023.
Mr. Bhavesh Aggarwal, Advocate; For the Petitioner in CWP-24931 of 2019.
Mr. Rishu Mahajan, Advocate; For the Petitioner in CWP-24285 of 2022.
Mr. Sukhvir Gill, Advocate for Ms. Nisha Rana, Advocate; For the Petitioner in CWP-14934 of 2022.
Mr. Dilpreet Singh, Advocate; For the Petitioner in CWP-22613 of 2020.
Ms. Sartik Gupta, Advocate; For the Petitioner in CWP-6849 of 2020 & COCP-1116 of 2020.
Mr. Gagandeep Singh, Advocate; For the Petitioner in CWP-12411 of 2023.
Mr. Daljeet Singh Virk, Advocate; For the Petitioner in CWP-24672 of 2022 & CWP-24699 of 2022.
Mr. Jaswinder Singh Rana, Advocate for Mr. Deepak Arora, Advocate; For the Petitioner in CWP-3590 of 2021.
Mr. Aditya Sharda, Advocate; For the Petitioners in CWP-13102 of 2023.
Mr. H.R. Bhardwaj, Advocate; For the Petitioner in CWP-33031 of 2019 and CWP-396 of 2021.
Mr. P.K.S. Phoolka, Advocate; For the Petitioner in CWP-4465 of 2022.
Mr. Mansur Ali, Advocate and Mr. Tushar Madaan, Advocate; For the Petitioners in CWP-9146 of 2023 and CWP-11170 of 2023.
Ms. Niharika Sharma, AAG, Punjab for Respondent-State in CWP-6214 of 2017, CWP-29220 of 2019, CWP-37495 of 2019, CWP-2949 of 2020, CWP-2989 of 2020, CWP-6849 of 2020, CWP-17282 of 2020, CWP-24931 of 2019 and CWP-33031 of 2019.
Ms. Lavanya Paul, DAG, Punjab for Respondent-State in CWP-396 of 2021, CWP-3590 of 2021, CWP-12705 of 2021, CWP-4874 of 2022, CWP-24672 of 2022, CWP-24699 of 2022, CWP-9352 of 2022, CWP-9146 of 2023 and CWP-4465 of 2022.
For the Respondents: Mr. Pankaj Mulwani, DAG, Haryana.
Ms. Gehna Vaishnavi, Advocate for Respondent No.2-Union of India in CWP-4874 of 2022.
Mr. Saurabh Savara, Advocate with Mr. Sandeep K. Sharma, Advocate for Respondent No.4 in CWP-1978 of 2023, for Respondents No.4 & 5 in CWP-24699 of 2022 and for Respondents No.3 and 4 in CWP-11392 of 2023.
Mr. Nakul Sharma, Advocate for the respondents No.2 & 3 in CWP-12108 of 2023.
Mr. Shailender Kashyap, Advocate for Respondent in CWP-22613 of 2020.
Mr. D.S. Sidhu, Advocate for Mr. Alok Jain, Advocate for Respondents No. 2 to 4 in CWP-13356 of 2023 and for Respondents No.2 & 3 in CWP-13279 of 2023.
Mr. Harsh Chopra, Advocate, for Respondents No.6 & 7 in CWP-17282 of 2020; for Respondents No.7 & 8 in CWP-6849 of 2020 and for Respondents No.1 and 2 in COCP-1116 of 2020. for Respondents No.7 & 8 in CWP-2989 of 2020.
Mr. Manish, Advocate, for Respondents No.4 & 5 in CWP-12705 of 2021 & for Respondents No.7 & 8 in CWP-4465 of 2022.
Mr. G.S. Sandhu, Advocate, for Respondent No.8 in CWP-24931 of 2019.
Mr. Sandeep Suri, Advocate and Mr. Mohit Suri, Advocate for Tata Motors in CWP-24842 of 2021, CWP-9146 of 2023.
Mr. Rohit Sud, Advocate, for Respondents No.7 & 8 in CWP-538 of 2020 and for Respondents No.1 to 4 in COCP-1114 of 2020.
Ms. Sharmila Sharma, Senior Panel Counsel, for Respondent No.1-Union of India in CWP-13102 of 2023.
Mr. Jaivir S. Chandail, Addl. Standing Counsel with Ms. Jyoti Kumari, Advocate, for Respondent No.2 in CWP-13102 of 2023.
Mr. Rajiv Vij, Addl. P.P. U.T. Chandigarh for the respondents No.4 and 5 in in CWP-13102 of 2023.
Mr. Nitin Thatai, Advocate, for Respondents No.6 to 9 in in CWP-13102 of 2023, for Respondents No.5 & 6 in CWP-33031 of 2019, for Respondents No.7 & 8 in CWP-7599 of 2020, for Respondents No.3 and 4 in CWP-396 of 2021, for Respondents No. 1 and 2 in CWP-5205 of 2022, for Respondents No. 3 & 4 in CWP-7706 of 2022, for Respondents No.4 & 5 in CWP-24672 of 2022 and for Respondents No.4 & 5 in CWP-25537 of 2022.
Ms. Tavleen Kaur, Advocate for Mr. Amarjit Singh Virk, Advocate for Respondents No. 7 & 8 in CWP-6214 of 2017, CWP-29220 of 2019, CWP-37495 of 2019, for Respondents No. 7 & 8 in CWP-2949 of 2020 for Respondents No. 3 & 4 in CWP-3590 of 2021, for Respondents No.1 & 2 in CWP-24285 of 2022, for Respondent No.4 in CWP-1978 of 2023, for Respondent No.7 in CWP-11170 of 2023 and for Respondent No. 3 in CWP-11392 of 2023 (Indusind Bank).
Mr. Indresh Goel, Advocate for Respondent No.2-RBI in CWP-396 of 2021 and CWP-7706 of 2022.
Mr. Vikas Kumar Gupta, Advocate for Respondents No. 3 and 4 in CWP-12411 of 2023.
Mr. Vipul Dharmani, Advocate for Mr. Puru Gupta, Advocate for Respondents No.2 & 3 in CWP-9352 of 2022, and for Respondents No.4 and 5 in CWP-4874 of 2022.
Mr. Gaurav Sharma, Advocate, for r
| Table of Content |
|---|
| 1. financial obligations and payment defaults (Para 4 , 5 , 6) |
| 2. mandatory adherence to fair practices code by finance companies (Para 10 , 11 , 12 , 13) |
| 3. contest regarding maintainability of the writ against finance companies (Para 14 , 21) |
| 4. use of recovery agents and compliance with legal processes (Para 23 , 24) |
| 5. public functions vs private commercial agreements (Para 42 , 50) |
| 6. joint reporting of the decision on maintainability (Para 84 , 89 , 90) |
JUDGMENT
Vinod S. Bhardwaj, J.
The present batch of 30 writ petitions raising a common question of law are being decided by a single judgment.
2. The question which arises for consideration before this Court is as regards the scope and maintainability of writ petition in the matters of re-possession of the vehicles financed by the Private Finance Companies/Private Banks.
3. For the facility of reference facts are being referred from CWP No.7599 of 2020 titled as ' Gursharan Singh v. State of Punjab and others'.
Facts
4. The petitioner who is a transporter by profession had purchased a vehicle bearing Registration No.PB-23 T 4785 after obtaining finance from respondent No.7 i.e. HDB Financial Services (hereinafter refer
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