Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is dismissed as the court finds no merit for interference in the factual dispute.
Summary
Petitioner Arun Kumar filed a writ petition seeking the return of his Honda motorcycle and Rs.15,000 allegedly kept in the vehicle, alleging that Indusind Bank repossessed the vehicle without notice, violating RBI guidelines and established case law. The bank contended that the petitioner had defaulted on a refinancing loan, had paid only Rs.11,500 of the Rs.78,238 due, and had voluntarily surrendered the vehicle, which was subsequently auctioned. The petitioner claimed the surrender letter was forged and that he had lodged complaints with police and the district magistrate, which yielded no action. The court observed that the factual disputes regarding the manner of repossession and the authenticity of the surrender letter could not be resolved in a writ petition and found no merit for interference. Consequently, the writ petition was dismissed, with the court directing the petitioner to approach a civil court for any relief.
Issues considered
- Whether the bank's repossession of the vehicle without prior notice violates RBI guidelines and is an arbitrary exercise of power.
- Whether the petitioner is entitled to the return of the vehicle and compensation through a writ petition.
- Whether the writ petition is maintainable given that the dispute involves factual issues.
- Whether the surrender letter presented by the bank is valid or forged.
Subjects
- vehicle repossession
- loan default
- writ petition
- RBI guidelines
- civil court
- illegal repossession
- compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2933 of 2025
======================================================
Arun Kumar Son of Vijay Prasad, Resident of Village- Karan, P.O.
Panchpokhari, P.S. Baghaila, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Finance,
Govt. of Bihar, Patna.
2. The Chief Manager, Reserve Bank of India at South Gandhi Maidan, Patna.
3. The Indusind Bank Limited, through its General Manager, 701, Solitaire
Corporate Park, 167, Guru Hargovind Ji Mar, Andheri (East), Mumbai-
400093.
4. Zonal Manager, Zonal Office, Room No. 206, 2nd Floor, Luv-Kush Tower,
Exhibition Road, Patna- 800001.
5. The District Magistrate, Rohtas at Sasaram.
6. The Superintendent of Police, Rohtas at Dehri-on-Sone.
7. Indusind Bank, Branch Sasaram Near Prakash Petrol Pump, Old G.T. Road,
Sasaram through its Branch Manager.
8. Branch Manager, Indusind Bank, Sasaram Near Prakash Petrol Pump, Old
G.T. Road, Sasaram.
9. Neeraj Kumar, Financer, Indusind Bank, Sasaram, Near Prakash Petrol
Pump, Old G.T. Road, Sasaram, District Rohtas.
10. Ravi Kumar, Agent, Indusind Bank, Branch Old G.T. Road, Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subash Kumar, Adv.
For Respondent Nos.4,7&8: Ms. Shubhangi Pandey, Adv.
: Mr. Anand Vardhan, Adv.
For the Respondent/s : Mr. Madanjeet Kumar, Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 07-01-2026 Heard the learned counsel for the parties.
The present writ petition has been filed for the
following relief(s):-
“1. That this is an application
for issuance of appropriate writ(s)/
direction(s)/ order(s) for commanding the
respondents Indusind Bank authorities
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(Finance Company) to hand over the Honda
Shine 125 C.C. motorcycle bearing
registration no. BR24AC 1827 with all
papers of the said vehicle and Rs. 15,000/-
which were kept in the dikki of the said
motor cycle with compensation.”
3. It is the case of the petitioner that the petitioner
has availed refinancing of his vehicle bearing no. BR24AC
1827. That the respondent-Bank without putting the petitioner
on notice has forcefully taken possession of the vehicle No.
BR24AC 1827.
4. Learned counsel appearing on behalf of the
petitioner submits that the respondent authority contrary to the
well established norms and the guidelines issued by the Reserve
Bank of India and also the various judgments of this Hon’ble
Court passed in CWJC No. 3456 of 2021 with its analogous
cases dated 19.05.2023 have repossessed the vehicle forcefully
from the petitioner. Learned counsel further submits that the act
of the respondent-Bank in repossessing the vehicle of the
petitioner forcefully without putting him on notice or giving him
an opportunity of repaying the loan amount is illegal, bad and an
arbitrary exercise of power not vested with the respondent-
Bank. Learned counsel therefore, prays this Hon’ble Court to
allow the present writ petition and direct the respondent-Bank to
return the vehicle No. BR24AC 1827 taken by him.
5. Per contra, the learned counsel appearing on
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behalf of the respondent-Bank has vehemently opposed the very
maintainability of the present writ petition. Learned counsel has
stated that the petitioner has approached this Court with unclean
hands and suppressed material facts. Learned counsel has stated
that the petitioner has availed the re-financing of the vehicle on
01.04.2023 and thereafter has paid only part of the amount of
Rs. 11,500/- i.e., vide Annexure-P/7 series dated 24.06.2023,
19.08.2023, 30.09.2023 & 04.11.2023 and thereafter, not paid
any amount. Learned counsel has drawn the attention of the
Court to the agreement entered between the parties 01.04.2023
and also the surrender letter issued by the petitioner himself.
That the petitioner on his own accord has approached the
authority and surrendered the vehicle. Learned counsel has
stated that the authority has followed the procedure as
contemplated under the law and have auctioned the vehicle and
the third party interest have already been created. Learned
counsel has therefore, prayed this Hon’ble Court to dismiss the
present writ petition.
6. In reply, the learned counsel appearing on behalf
of the petitioner has submitted that the respondent authority has
obtained his signatures blank paper and trying to pass it on as
the surrender letter. Learned counsel has submitted that though
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the petitioner has filed a complaint before concerned the
Superintendent of Police and also the District Magistrate, they
have not taken any action.
7. Admittedly as seen from the facts of the case, the
petitioner has availed the re-financing of the vehicle No.
BR24AC 1827 on 01.04.2023 and thereafter, has paid an
amount of approximately Rs. 11,500/- only whereas the total
loan amount of re-financing was to the extent of Rs. 78,238/-.
8. A perusal of the surrender letter filed by the
respondent-Bank reveals that the same is not obtained on blank
paper but it is a printed copy, further it is denied by the
petitioner that the signatures obtained on the said surrender
letter are forged or fabricated signatures. Further, it is to be
noted that in case the Bank officials have forcefully repossessed
the vehicle of the petitioner, the minimum thing that is expected
from any person is to lodge a police complaint but in this case
the petitioner has not done so. Further, it is to be noted that in
the writ petition, it is stated that the petitioner had gone to the
office of the respondent-Bank and the Manager of the Bank had
taken the keys on the pretext that the vehicle needs to be
checked for necessary testing and the same will be returned. The
question as to whether the vehicle was repossessed forcefully or
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not are all disputed questions of fact which cannot be gone into
in a writ petition.
9. Having regard to the above mentioned facts and
circumstances, this Court does not find any merit in the present
writ petition which warrants any interference by this Court. The
writ petition is accordingly dismissed. However, it open to the
petitioner to approach an appropriate Civil Court for recovery of
his vehicle or for damages, if any.
(A. Abhishek Reddy, J)
Ayush/-
U
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