CWP No.10765 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10765 of 2010 (O&M) Date of Decision: 21.01.2011 **** Jasvir Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. AS Walia, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab Mr. Vimal Kumar Gupta, Advocate for respondent No.4 **** SURYA KANT J. (ORAL) (1). The petitioner seeks a direction to the respondent-police authorities to recover his truck bearing registration No.PB10CC-7538 Model 2007 make TATA 4018E22, which is said to have been forcibly taken away by respondent No.5-Bank from him. (2). Learned counsel for the parties have been heard at some length. (3). The undisputed facts are that the truck in question was financed by respondent No.5-Bank and the petitioner having failed to liquidate his loan liability that the CWP No.10765 of 2010.doc - 2 – vehicle was surrendered by him to respondent No.5- Bank. This fact is evident from the investigation/enquiry report given by the police authorities. As per the said report the truck has already been sold by respondent No.5-Bank on 29.6.2009 to one Amrit Pal Singh s/o Pipal Singh resident of Papal Wali, Tehsil and District Hoshiarpur. (4). Learned counsel for the petitioner, however, states that the truck is still in his name and the same has not been sold so far. (5). Having heard learned counsel for the parties, I find that some of the contentions raised by the petitioner hereinabove are disputed question of facts which cannot be resolved by this Court in exercise of its writ jurisdiction. In order to protect the interest of both the parties, it would be appropriate to direct that in case the petitioner deposits the entire balance loan amount with the respondent-Bank and if the truck is still with the Bank and has not been sold, the possession whereof shall be restored back to the petitioner forthwith. However, if the truck in dispute has already been sold by respondent- No.5, the petitioner shall be at liberty to approach the appropriate forum to claim compensation/damages and/or any other relief as he may be entitled to in law. CWP No.10765 of 2010.doc - 3 – (6). Ordered accordingly. Dasti. 21.01.2011 vishal shonkar (S u r y a K a n t) Judge