High CourtsDivision Bench(2021) 01 SHI CK 0126

Kubja Devi vs Punjab National Bank & Others

High Court Of Himachal Pradesh · Decided on 8 January 2021

HON’BLE JUDGES
Sureshwar Thakur, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 331 Of 2021

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Judgment

18 paragraphs · 313 words

Sureshwar Thakur, J

1.

The writ petitioner claims release of the vehicle, in respect whereof, borrowings were made by her, from the financial institution concerned, and, for

wants of hers liquidating, the borrowings, the vehicle become taken into custody, by the lending institution, and, hence she claims a mandamus being

pronounced, upon, the respondent concerned, for, theirs releasing the seized vehicle.

2.

However, since it is stated, at the Bar by Mr. Arvind Sharma, Advocate, appearing for respondents No.1 and 2, that, both the Insurance policy, and,

the Registration certificate, of the hypothecated vehicle, become expired, and, despite the writ petitioner, being a government employee hers omitting,

to, make liquidations, towards the untenable borrowing(s), hence, made towards purchasing a commercial vehicle, for, a commercial purpose, hence

the espoused mandamus being unamenable for being pronounced by this Court.

3.

Nonetheless, since the writ petitioner, is, a government employee, and, if she ensures that after hers endeavoring to release, from the employer

concerned, the subscriptions made by her, towards provident funds, and, coequal to the outstanding sums, of borrowings, made by her, from, the

financial institution concerned, and, also upon the afore endevour being made by the writ petitioner, upon, her employer, the latter shall proceed to, if

available, in her apposite provident fund account, sums equal to the borrowing made by her from the financial institution concerned, hence forthwith

release them, and, thereafter if she proceeds to liquidate the entire sum of borrowings made by her, from, the financial institution concerned hence to

the latter, thereupon, the respondent-Bank is directed to, in accordance with law, and, after ensuring that the petitioner renews the Registration

Certificate, and, after hers completely liquidating qua them the entire sums of outstanding amounts, release the apt vehicle concerned to the writ

petitioner.

In view of the above, the present petition stands disposed of alongwith all pending applications.

Copy dasti.