IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-2196-2021 (O&M)

Reserved on: 04.03.2022

Date of Decision: 10.03.2022

Amarjit Kaur

. . . . Petitioner

Vs.

The Governor Reserve Bank of India and others

. . . . Respondents

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CORAM: HON9BLE MR JUSTICE M.S. RAMACHANDRA RAO

HON9BLE MR JUSTICE H.S. MADAAN

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Present: -

Ms.Satinder Kaur, Advocate, for the petitioner.

Ms.Tuneet Walia, Advocate, for respondents No.5 & 6.

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M.S. RAMACHANDRA RAO, J.

In this writ petition, the petitioner seeks a Writ in the nature of

Certiorari to quash the Seizure Memo dt. 17.01.2021 (P3) issued by the Kotak

Mahindra Bank (respondent No.5) whereby, petitioner9s Tip Trailer bearing

registration No. PB-05-AK-4075 (for short 8the vehicle9) was allegedly seized

forcibly.

The background facts

The said vehicle had been purchased by seeking finance from

respondent No.5 and was hypothecated to respondent No.5. A further loan was

also obtained on the trolley of the said vehicle. Put together the total loan

amount is 28,25,000/- and the total loan installment is 62,570/-.

Petitioner alleges that this vehicle was coming to Punjab, and on

17.01.2021 in the morning, a repo-agency forcibly seized the said vehicle at

Khajuria, District Gopalganj in the State of Bihar. It is alleged that repo-agents

had entered in the cabin of the vehicle, locked it forcibly, then took signatures

of the driver on some blank papers, left the driver and helper in an open area;

and took the truck to a yard and sent the Seizure Memo to the petitioner on

Whatsapp.

VIVEK PAHWA

2022.03.15 16:11

I attest to the accuracy and

integrity of this document

As per the statement on accounts dt. 24.09.2020 (P1 & P2) filed by

the petitioner, as on 04.12.2020 Re: loan Account No.CV-3847558, out of 34

installments, 16 installments were cleared and 18 installments were due; and

Re: loan Account No.CV-3847562, out of 29 installments, 11 installments were

cleared and 18 installments were due.

According to respondents No.4&5, they have issued a notice to the

petitioner on 16.12.2020 (R2) with regard to the dues under the loan agreement

CV-3847558 through registered post, pointing out that the petitioner had failed

and neglected to pay the regular monthly installments to respondent No.5 & 6;

that they are liable to pay 19,69,747/- as on 03.12.2020, and in default of such

payment respondents No.5 & 6 would initiate appropriate legal proceedings

against the petitioner to recover the aforesaid amount outstanding including

enforcement of security right by initiating appropriate legal proceedings Civil

as well as Criminal i.e. DRT/SARFAESI proceedings.

Respondents No.5 & 6 have issued another notice on 19.12.2020

(R3) with regard to loan agreement No.CV-3847562 demanding 4,22,886/-

with similar assertions.

Subsequent to taking possession, respondents No.4&5 claim o

have informed the Station House Officer, Dumariya Ghat, Motihari on

18.01.2021 (R4 & R5) about the seizure of the vehicle referred to above.

Annexure R6 is a statement in Format 9 of a repo agent by name Sandeep Singh

and the said document purports to contain the signatures of the person allegedly

surrendering the vehicle.

Thereafter notice dt. 19.01.2021 (R8) was issued to the petitioner

demanding payment of 23,86,436/-.

VIVEK PAHWA

2022.03.15 16:11

I attest to the accuracy and

integrity of this document

Events After Filing Of The Writ Petition

The instant writ petition was filed on 21.01.2021, and on account

of a boycott call given by the Bar Association it was not taken up on 01.02.2021

and 02.02.2021.

On 24.02.2021, notice was issued to respondents No.5 & 6 only for

10.03.2021.

After appearance was filed by respondents No.5 & 6 matter was

adjourned to 10.3.2021 on which date it was adjourned to 19.05.2021.

Due to t