RSA No.2887 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2887 of 2009 Date of Decision: November 05 , 2009 Anil Kumar ......Appellant Versus M/s Mahendra & Mahendra Financial Services Ltd. and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Gobind Dhanda, Advocate for the appellant. **** 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? Ajay Tewari, J. This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellant for mandatory injunction directing the respondents to return the possession of scooter which was allegedly illegally repossessed by the respondents. Both the courts held that the appellant has not been able to prove whether he was regularly paying the instalments and for this reason the repossession was illegal. The following questions have been proposed:- i) Whether the financier can take forcible possession of the vehicle in question from the loanee in absence of any agreement on record to prove this clause of repossession? ii)Whether the findings recorded by both the learned courts below are perverse and liable to be set aside? iii)Whether the respondent financier was duty bound to place RSA No.2887 of 2009 2 on record the agreement in question which was in his possession to prove the clause of repossession by the financier? In view of the finding that the appellant has not been able to prove repayment of instalments, the questions proposed do not arise. Consequently this appeal is dismissed. No costs. (AJAY TEWARI) JUDGE November 05, 2009 sunita