IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 10447 of 2009 Between: K. Venkata Rama Rao, S/o. Ananda Rao, R/o. 11-155, Penamaluru Centre, M.G. Road, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Union of India Rep. by its Secretary New Delhi. 2 L & T Finance Limited, 802, Swathik Chambers, 8th Floor, CST Road, Chembur, Mumbai, rep. by its Managing Director. 3 L & T Finance Limited, H.No. 40-5/6/1, Tikkel Road, Labbipet, Vijayawada District,rep. by its Managing Director. 4 ABN Amro Bank Bhaskara Palace, Road No.1, Banjara Hills, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or order direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in interfering with the petitioner day to day life for non payment of instalments as well as the amounts due in connection with purchase of vehicle no. AP 16 TX 3438 as illegal, arbitrary, null and void and for consequential directions to the respondents not to resort to any illegal methods for recovery of the said amounts and also consider the request of the petitioner for reschedule of the loan amount and to pass Counsel for the Petitioner:MR.M.V.SURESH Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : HON’BLE SRI JUSTICE B. PRAKASH RAO W.P. No. 10447 of 2009 O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in interfering with the petitioner’s day to day life for non-payment of installments as well as the amounts due in connection with purchase of the vehicle bearing No.AP16 TX 3438, as arbitrary and illegal, and consequently direct the respondents not to resort to any illegal methods for recovery of the amounts. The petitioner asserts that he purchased a bus bearing No. No.AP16 TX 3438 under Hire Purchase Agreement from respondent Nos.2 and 3 and the vehicle is under hire with Andhra Pradesh State Road Transport Corporation, and according to him, he has been paying the installments regularly, but defaulted in payment of two monthly installments because of lack of business. Now, the petitioner’s grievance is that the 2nd respondent addressed a letter dated 18.05.2009 calling upon him to pay a sum of Rs.1,00,000/- towards over-due amount which also included the installment payable by 25th May, 2009, and the same is in contravention of the Hire Purchase Agreement, and also respondent Nos.1 and 2 are threatening him with dire consequences that they would recover the vehicle in question if he fails to pay the entire loan amount. Sri M.V.Suresh, learned counsel for the petitioner submits that the petitioner is prepared to clear the entire amount due, provided he is granted sometime. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India, appearing for the 1st respondent and perused the material placed on record. From a perusal of the letter dated 18.05.2009 issued by the 2nd respondent, it is clear that an amount of Rs.1,00,000/- towards payment of the entire loan amount including the installment for the month of May, 2009 in connection with the purchase of the vehicle in question, is over- due, and having regard to the fact that the learned counsel has submitted that the petitioner is prepared to pay the entire amount, provided he is granted sufficient time, this Court is inclined to dispose of the writ petition with the following directions: “The petitioner is directed to pay an amount of Rs.1,00,000/- (Rupees One Lack Only) to the respondents, towards payment of the entire loan amount, which is over-due, within a period of six weeks from today, and the respondents shall not seize the vehicle in question till the expiry of the stipulated period.” Accordingly, this writ petition is disposed of. No costs. __________________ B. PRAKASH RAO, J. 28th May, 2009 bcj