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
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 referred to as the 'Finance Company') for a sum of Rs.19,25,000/-. The amount was to be repaid in 47 monthly instalments of Rs.50,000/- each which were to commence w.e.f. 04.03.2017 and payable till 04.02.2021. It is averred that 35 instalments amounting to a total of Rs.17,50,000/- were paid and that 12 instalments were due. An additional amount of Rs.4 lakhs was financed for fabrication of the body of the vehicle for which 47 equated monthly instalments of Rs.10,420x30=3,1
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