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Synopsis
Synopsis
(Special Original Jurisdiction) W.P No. R.Syed Raviya Vs. The Union of India. Rep by the Secretary, Ministry of Finance, New Delhi. & 3 ors. SYNOPSIS The present case is a dispute between the hire purchase agreement parties. The respondent finance company illegally seized one of the petitioners vehicle TN 59 AS 4615 without any notice. The finance company alleges that they repossessed the vehicle subsequent to the Interim award in Arbitration dated 18.03.2013. But admittedly the vehicle has been seized on or before 11.03.2013. The petitioner approaches the Reserve Bank of India for appropriate action for violation of NBFC-MFIs (Reserve Bank of India) Directions, 2011 against the finance company prays for Cancellation of Registration of the finance company as provided U/S 45-IA (6)(iv)a of the Reserve Bank of India Act, 1934 RELATED PARTIES : Petitioner : R.Syed Raviya (Debtor ) M/S TATA MOTOR FINANCE LTD ( Financier & agent) / 2013 Petitioner.
Respondents
Respondents 3 & 4 :
DATE
TRANSACTION Petitioner purchased 6 vehicle under Hire Purchase Agreement Minor default in repayment (2 months)
DOCUMENT ANNEXED
2010 -2011
Loan agreements
End of 2012
11.03.2013
Illegally seized the vehicle without notice . Arbitration award (disputed as antedated)
18.03.2013
19.03.2013
Petitioner complains to Reserve Bank for statutory violation in RBI directions Without taking any action simply forwarded the complaint to Finance Company The Finance company sending a reply to the petitioner and stated that they seized the vehicle only in consequence of Arbitral award dated 18.03.2013. however admits the seizure as early on 11.03.2013 Representation to the 2nd respondent in light of the admitted facts and seeked cancellation of Registration of Finance company No further action, Hence the present petition
Petitioners representation
04.04.2013
Proceedings copy
09.05.2013
Letter copy
23.05.2013
Representation
Whether the seizure of the TN 59 AS 4615 vehicle by the finance company is illegal? If yes, whether the Reserve Bank of India is bound to take action against the finance company? is the question in issue.