Allahabad High Court High Court

Babu Ali And Another vs Collector Lucknow And Another on 27 July, 2010

Allahabad High Court
Babu Ali And Another vs Collector Lucknow And Another on 27 July, 2010
Court No. - 27

Case :- MISC. BENCH No. - 6985 of 2010

Petitioner :- Babu Ali And Another
Respondent :- Collector Lucknow And Another
Petitioner Counsel :- Amitabh Shukla
Respondent Counsel :- C.S.C.

Hon'ble Devi Prasad Singh,J.

Hon’ble Yogesh Chandra Gupta,J.

Sri Amol Kumar appears for respondent No. 2.

Grievance of the petitioners is that musclemen hired by respondent No. 2 have
dispossessed the petitioners from vehicle which was financed, on account of
default in payment of loan amount. This action on the part of respondent No.
2 amounts to taking of law in its hand and is in violation of the judgment
pronounced in Appeal (Crl.) No. 267 of 2007-Manager ICIC Bank Ltd. Vs.
Prakash Kaur & others.

Let counter-affidavit be filed within two weeks. Rejoinder-affidavit, if any,
may be filed within one week thereafter.

Admit.

List after three weeks peremptorily for hearing.

In the meantime, the vehicle shall be kept under custody and shall not be
dispossessed by the respondents. However, it shall be open to the petitioners
to pay the entire dues to repossess the vehicle.

Order Date :- 27.7.2010
Zh