Manjeet Kumar vs State Of Haryana And Others

Lisa Gill, J

Prayer in this writ petition is for directing respondents No.1 to 3 to recover vehicle bearing registration No.HR26DE-2935 belonging to the petitioner,

from the custody of respondents No.4 and 5, who are stated to have taken forcible possession thereof.

It is submitted that the abovesaid vehicle was originally owned by one Ravi Kumar and it was sold by him to Inderjeet son of Jagdev Singh.

Registration Certificate (RC) of the vehicle was issued by the Sub Divisional Magistrate (SDM), Charkhi Daddri in favour of said Inderjeet.

Thereafter, petitioner purchased the said vehicle from Inderjeet by raising a loan of Rs.3,50,000/- from Cholamandalam Investment and Finance

Company Limited. Registration Certificate of the vehicle was issued in favour of the petitioner by the SDM, Charkhi Dadri. The petitioner, it is

submitted, has been regularly paying the instalments to Cholamandalam Investment and Finance Company Ltd. However, in an absolute illegal

manner, the recovery agent of Mahindra Finance Company forcibly took the vehicle on the pretext of loan pending against the said vehicle. When no

action was taken by the authorities, present writ petition was filed.

Short reply on behalf of respondents No.1 to 3 by way of affidavit of Mr. Om Parkash Narwal, IPS, Deputy Inspector General of Police-cum-

Superintendent of Police, Jind has been filed, wherein it is stated that from the investigation conducted in the matter, petitioner has been found to be

the current owner of the vehicle. However, first owner of the vehicle, namely, Ravi Kumar had raised a loan of Rs.9,00,000/- from Mahindra and

Mahindra Financial Services Ltd., Karnal. He defaulted in the payment of the loan amount after paying six instalments of the said loan. The vehicle

was further sold to Inderjeet from whom it was purchased by the present petitioner. It is further stated therein that on finding that the current owner

of the vehicle is the present petitioner, company manager of respondent-finance company, had stated that the company is ready to handover the

vehicle to the petitioner and take necessary action against Ravi Kumar, in accordance with law.

Mr. HPS Kochhar, Advocate appears on behalf of respondents No.4 and 5 and submits that said respondents are ready to handover possession of the

vehicle to the petitioner and action against Ravi Kumar shall be taken in accordance with law. Complicity of petitioner, if any, in the entire sequence of

events would be subject to investigation.

It is agreed between the petitioner and respondent-Finance Company that in case the petitioner comes present at Police Station Sadar, Jind tomorrow

i.e., 20.02.21 at 11.00 a.m., peaceful possession of the vehicle shall be handed over to him.

Learned counsel for the petitioner submits that in view of the above development, this writ petition is rendered infructuous.

Ordered accordingly.