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2021 DIGILAW 669 (JHR)

Mahendra Rawani v. Branch Manager, State Bank of India, Hirapur Branch

2021-08-25

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition is taken up today through Video conferencing. 2. The present writ petition has been filed for issuance of direction upon the respondents to release ‘Hyundai Xcent’ car bearing registration no. JH-10-AS-2409 in favour of the petitioner, as he is the owner of the said vehicle. 3. Having heard learned counsel for the parties and on perusal of the contents of the writ petition, it appears that there is a dispute between the petitioner and the respondent-Bank relating to the payment of loan amount of Rs. 6,84,000/- for purchase of the aforesaid vehicle. The petitioner also appears to have filed a complaint in the court of Chief Judicial Magistrate, Dhanbad being C.P. Case No. 1963 of 2015 against one Abhay Kumar, the General Manager of State Bank of India, Hirapur Branch, Dhanbad in which cognizance of the offences under Sections 323 and 506 of the Indian Penal Code has been taken against him. It further appears that the petitioner has also filed an application in the said complaint case for release of the said vehicle, as would be evident from order dated 12th January, 2016 passed in the said case by the concerned Judicial Magistrate. 4. Under the aforesaid background, this Court is of the view that the writ petition for release of the vehicle in question is not maintainable, and the same is, accordingly, dismissed as not maintainable. 5. The petitioner is, however, at liberty to take alternative recourse in the matter as available under law.