D. Sriramulu v. The Senior Manager, State Bank of India
2011-02-08
R.SUDHAKAR
body2011
DigiLaw.ai
JUDGMENT : 1. Writ Petition is filed praying to issue a Writ of Mandamus directing the respondents to release the Tractor and the Trailer Eicher Model 2005 bearing Chassis No.91813143456, Engine No.S325A06334, diesel Engine 39 H.P. Tractor Registration No.TN-23-AB-0482 and Trailer bearing Registration No.TN-23-AB-0483 to the petitioner. 2. The petitioner has purchased a tractor and trailer on the basis of the loan advanced by the respondent bank. It is admitted by the respondents that the said vehicle has been repossessed for failure to pay the dues at the appropriate time. Petitioner pleads for release of the vehicle stating that whatever the lawful due, it will be paid. 3. The transaction between the petitioner and the respondents is purely contractual in nature. In such view of the matter, the petitioner is entitled to approach the respondent bank for appropriate relief by making a representation and work out his remedy in terms of the contract. As and when such representation is made, the bank shall consider the representation sympathetically taking into consideration the facts that the petitioner is an agriculturist. If the petitioner does not cooperate for the release of the vehicle within a reasonable period of time, the respondent bank is at liberty to proceed in accordance with law. The Writ Petition is disposed of as above. No costs.