Court No. - 39
Case :- WRIT - C No. - 1916 of 2019 Petitioner :- Pushpa Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhawan Kumar Pandey,Akhilesh Chandra Shukla Counsel for Respondent :- C.S.C.,Nikhil Kumar
Hon'ble B. Amit Sthalekar,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Akhilesh Chandra Shukla, learned counsel for the petitioner and learned Standing Counsel for the respondent no. 1.
Sri Nikhil Kumar, Advocate states that his office has wrongly accepted notice on behalf of the respondents no. 2 & 3.
The petitioner in the writ petition is seeking a direction to the respondents no. 3 & 4 not to proceed for seizure of the vehicles financed by them to Sri Transport Company through its proprietor late Vipin Kumar Sharma in any manner except in accordance with law.
Briefly stated, the facts of the case are that the husband of the petitioner took 12 trucks financed by the respondents no. 2 & 3 and two trucks financed by the respondent no. 4. Late Vipin Kumar Sharma, husband of the petitioner died on 18.12.2018 and thereafter, two banks respondents. 2 & 3 and respondent no. 4 have started sending their agents to seize the trucks from the petitioner.
Learned counsel for the petitioner has relied upon a judgement of the Supreme Court in the case of Manager, ICICI Bank Ltd. vs. Prakash Kaur & others, reported in (2007) 2 SCC 711 wherein it has been held that even in the case of private banks namely, multinational commercial banks have to take recourse to due process of law for recovering their dues or vehicles but cannot use agents to seize the vehicles other than the due process of law.
We, therefore, dispose of the writ petition with a direction to the respondents no. 2, 3 & 4 to examine the matter and not to seize the vehicles of the petitioner except in the manner provided by law.
Order Date :- 22.1.2019 nd