Research › Search › Judgment

Calcutta High Court · body

2024 DIGILAW 887 (CAL)

Versatile Construction (Prop. Amaresh Dutta) v. State of West Bengal

2024-04-23

JAY SENGUPTA

body2024
JUDGMENT : JAY SENGUPTA, J: 1. This is an application seeking direction upon the police not to provide assistance to the financier for taking possession of a vehicle. 2. Learned counsel appearing for the petitioner submits as follows. The petitioner is the owner of the vehicle in question which has been purchased on finance from the respondent No.4. Some payments regarding EMIs might have been fallen due. However, the petitioner was not given any notice about any award that might have been passed. In spite of these, the finance company and its men and agents along with police are trying to repossess the vehicle forcefully. 3. Learned counsel appearing for the finance company denies the allegations and submits as follows. A copy of notice of arbitration has already been annexed by the petitioner in the writ petition. He is very much aware of the arbitration proceedings. The petitioner has not even challenged the arbitration award passed in 2022. He is hiding his vehicle so that it cannot be repossessed. 4. Learned counsel appearing for the State submits that an information was given about the award to the police authorities and only a preliminary enquiry was done. 5. It does not appear that the case is of police inaction or over action. 6. If an arbitration award is passed, the petitioner would have been entitled to challenge the same before the appropriate forum. 7. In several decisions, the Hon’ble Apex Court held repossession of a vehicle taken by the financier upon nonpayment of EMIs would not amount to an offence, if the same is according to the terms of the agreement. Reliance is placed on the decisions in Sardar Trilok Singh, reported in (1979) 4 SCC 396 and Charanjit Singh Chadha, reported in (2001) 7 SCC 417 . 8. In the event the arbitration award is not set aside and the award requires police help to be provided for recovery of the vehicle, the police would consider the same and act in accordance with law. 9. Therefore, no further order need be passed in this regard. 10. With these observations, the writ petition is disposed of. 11. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. 12. Parties shall act on a server copy of this order duly downloaded from the official website of this Court.