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CRR-424 of 2022 (O&M)

2023:PHHC:077605

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-424 of 2022 (O&M)

Date of decision: 25.05.2023

AU Small Finance Bank Ltd.

......Petitioner

Versus

State of Haryanaand another

......Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: -

Ms. Deepika Mittal, Advocate, for the petitioner.

Mr. Zorawar Singh Chauhan, DAG, Haryana.

NAMIT KUMAR, J.

1.

This revision petition has been filed by the petitioner

under Section 401 Cr.P.C. against the order dated 03.02.2022 passed by

the Court of learned Additional Sessions Judge, Narnaul, whereby

application filed by the petitioner for possession of vehicle make

Bolero bearing registration No.RJ02UA-9566 by way of sapurdari, has

been dismissed.

2.

Briefly stated, aforesaid vehicle bearing registration

No.RJ02UA-9566 was taken into custody by the police in case FIR

No.607 dated 17.11.2000 under Sections 323/324/506/201/34 IPC,

Section 25/54/59 of the Arms Act and Section 3 of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act registered

at Police Station City Narnaul. The said vehicle was released on

sapurdari by the Court of learned Additional Sessions Judge, Narnaul,

vide order dated 08.10.2021 in favour of respondent No.2 on furnishing

of sapurdaginama and surety bonds of Rs.10,00,000/-. Thereafter,

RAVINDER SINGH

2023.06.01 19:06

I attest to the accuracy and

integrity of this order/judgment

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CRR-424 of 2022 (O&M)

2023:PHHC:077605

petitioner filed application for possession of the aforesaid vehicle by

way of sapurdari, which was dismissed by the Court of learned

Additional Sessions Judge, Narnaul, vide impugned order dated

03.02.2022. Hence this petition.

3.

Learned counsel for the petitioner contended that

impugned order is perverse and contrary to the law. She further

submitted that respondent No.2 was given a loan of Rs.7,40,000/- by

the petitioner-bank for buying vehicle on execution of hypothecation

agreement. She further submitted that respondent No.2 failed to pay

the monthly instalments as per the hypothecation agreement.

Therefore, petitioner has first charge over the vehicle in question. She

further submitted that there is arbitration award dated 16.10.2021

(Annexure P-6) in favour of the petitioner, whereby petitioner has been

authorized to take possession of the vehicle in question and execution

proceedings in this regard are pending. Hence, the impugned order is

liable to be set aside and vehicle in question may be released in favour

of the petitioner.

4.

On the other hand, learned State counsel submitted that

application of the petitioner has rightly been dismissed by the Court as

petitioner is not the registered owner of the vehicle in question. Hence,

present revision petition is liable to be dismissed.

5.

I have heard learned counsel for the parties and perused

the record.

6.

Perusal of the record shows that vehicle in question i.e.

Bolero bearing registration No.RJ02UA-9566 has been released to

RAVINDER SINGH

2023.06.01 19:06

I attest to the accuracy and

integrity of this order/judgment

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CRR-424 of 2022 (O&M)

2023:PHHC:077605

respondent No.2 on sapurdari vide order dated 08.10.2021 by the Court

of learned Additional Sessions Judge, Narnaul. Thereafter, an

application was moved by the petitioner before the Court of learned

Additional Sessions Judge, Narnaul, to get the vehicle on sapurdari

which was dismissed vide impugned order dated 03.02.2022 after

taking into consideration the report from the police authorities and

verification of the registration certificate which shows that he is the

registered owner of the said vehicle, whereas it is nowhere mentioned

in the registration certificate that vehicle in question was financed by

the petitioner-bank. However, petitioner produced a hypothecation

certificate issued by the RTO Alwar before the trial Court in suppo