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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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
Patna High Court CWJC No.2933 of 2025(5) dt.07-01-2026
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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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