---
title: "HDFC Bank Limited v. State of Tamil Nadu and T. Karuppiah"
date: 2016-01-08
author: "Durgesh Singh"
url: https://www.indialaw.in/blog/criminal/hdfc-bank-limited-v-state-of-tamil-nadu-t-karuppiah/
---

# HDFC Bank Limited v. State of Tamil Nadu and T. Karuppiah

Posted On - 8 January, 2016 •

By - [Durgesh Singh](https://www.indialaw.in/people/adv-durgesh-singh/ "Posts by Durgesh Singh")

*By Jay N. Shah & Abdullah Qureshi*

**Introduction:**

In the case of *HDFC Bank Limited vs. State of Tamil Nadu and Anr.*[1], the Madras High Court (“**Court**”) has held that banks and financial institutions cannot be held responsible under Code of Criminal Procedure for re-possession of hypothecated vehicles in case of default in repayment of loan by the borrower. In such a situation, it cannot be said that the financier has committed the offence of theft that too with the requisite guilty intention.

**Facts of the Case :**

In this case, there was an agreement dated 24.12.2013 between HDFC Bank Limited. (“**Petitioner/Accused**”) and T. Karuppiah (“**Respondent No. 2**”) by which a loan of Rs. 9,00,000 was obtained by the respondent for purchase of a car. However, the Respondent was unable to repay the loan amount, and subsequently the car was seized by Petitioner after following due process of law.

However, the Respondent in turn, made a complaint against officials of the Petitioner and registered a case under Section 379 of The Indian Penal Code (punishment for theft). Kadupatti Police Station, Madurai District, after registration of a case under Crime No.66 of 2015, sent notice to bank asking them to surrender the vehicle. The said notice directed surrender of vehicle, in order to make the requisite investigation and present it to the Court. Thus, the Petitioner approached the Court and filed a petition seeking redressal to quash the FIR.

**Decision of the Court** :

The Madras High Court accepting the petition observed that recovery of possession of vehicle by financial institution/bank as per the terms of the Hire Purchase Agreement, shall not amount to a criminal offence. This is because the purchaser of vehicle remains trustee on behalf of financial institution/bank, and the ownership of the vehicle vests with the financial institution/bank. If default is committed by the hirer, the possession of the vehicle can be resumed by the financier, which does not constitute any offence.

The Court gave its judgment relying on the case of *K. A. Mathai alias Babu & Anr. v. Kora Bibikutty & Anr.* [2] The Supreme Court held that the financier has right to resume possession even if the hire purchase agreement does not contain such a clause. The financier is not said to have committed an offence of theft as the possession of the vehicle is obtained in the absence of guilty intention.

In *Charanjit Singh Chadha & Ors. v. Sudhir Mehra* [3], the Apex Court referring to the Hire Purchase Agreement as an executory contract observed that the hirer shall not enjoy ownership of the property until the transfer is complete and the conditions of the agreement is complied with.

Hence, the petition filed by Petitioner was allowed and no criminal action can be taken against the Petitioner as he has repossessed the vehicle for default committed by the Complainant in respect of the loan taken by him. Also, the Court has set aside the FIR registered against the Petitioner.

[1] *Crl.O.P.(MD) No.18611 of 2015*

[2] *(1996) 7 SCC 212*

[3] *(2001) 7 SCC 417*

[Download PDF](https://www.indialaw.in/blog/criminal/hdfc-bank-limited-v-state-of-tamil-nadu-t-karuppiah//pdf/)

---

# IndiaLaw LLP — Offices & Contact Details

---

## General Contact

| | |
|---|---|
| **Website** | https://www.indialaw.in |
| **Primary email** | contact@indialaw.in |
| **Primary phone** | +91 836-9995919 |
| **Contact form** | https://www.indialaw.in/connect/ |
| **Careers (separate channel)** | https://www.indialaw.in/careers/ |


---

## All Offices (9 locations across 8 cities)

### 1. Mumbai — Registered Office & Head Office (Apeejay Chambers)

| | |
|---|---|
| **Address** | Apeejay Chambers, Ground Floor, Wallace Street, Fort, Mumbai – 400 001 |
| **Phone** | [022-6924-7400](tel:02269247400) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate · IP |
| **Notes** | The HQ. 5 partners based here. Handles PAN-India litigation, arbitration, corporate, banking, IP and real estate practice. Largest team across all offices. |

### 2. Mumbai — Non-Litigation Office (Excelsior, Fort)

| | |
|---|---|
| **Address** | 4th Floor, New Excelsior Theatre Pvt. Ltd., Amrit Keshav Nayak Marg, Fort, Mumbai – 400 001 |
| **Phone** | [022-697-40500](tel:022-697-40500) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Non-litigation only — consultations, negotiations, transactional work |
| **Notes** | Opened 2024. Litigation and arbitration remain at the Apeejay Chambers head office. |

### 3. Delhi

| | |
|---|---|
| **Address** | Flat No. 1107 & 1108, Prakashdeep Building, Tolstoy Marg, Connaught Place, New Delhi – 110 001 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/delhi/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate |
| **Notes** | 3 partners based here. Located near the Supreme Court of India, Delhi High Court and other appellate bodies. |

### 4. Kolkata

| | |
|---|---|
| **Address** | Centre Point Building, Room No. 214, 2nd Floor, Premises No. 21, Hemanta Basu Sarani, Opp. Great Eastern Hotel, P.S. Hare Street, Kolkata – 700 001, West Bengal |
| **Phone** | [+91 33 4813 1001](tel:+913348131001) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/kolkata/ |
| **Practice focus** | Insolvency & Bankruptcy · Commercial & Civil Litigation · Arbitration · Banking Litigation · Real Estate · Labour & Employment · Consumer |
| **Notes** | Advises banks, NBFCs, MSMEs and corporates on transactions and dispute resolution. Works in close coordination with the Mumbai HO. |

### 5. Chennai

| | |
|---|---|
| **Address** | GF-A, 19 Casa Major Road, Egmore, Chennai – 600 008 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/chennai/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Full-fledged office with experienced legal team. Supported by Mumbai HO. |

### 6. Bengaluru (Bangalore)

| | |
|---|---|
| **Address** | INDIALAW LLP, No. 7 Chinnaswamy Mudaliar Road, Shivaji Nagar, Bangalore – 560 051 |
| **Phone** | [080-4167-2444](tel:08041672444) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/bengaluru/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate · Family Laws · Labour |
| **Notes** | Located near Bangalore High Court. Handles corporate, commercial, banking and matrimonial disputes. |

### 7. Hyderabad

| | |
|---|---|
| **Address** | 403, 4th Floor, Sanatana Ecstasy Building, beside Tanishq Show Room, Himayathnagar, Hyderabad – 500 029, Telangana |
| **Phone** | [040-6666-5166](tel:04066665166) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/hyderabad/ |
| **Practice focus** | Litigation · Banking · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Particularly well known for complex banking matters and real estate transactions. |

### 8. Cochin (Kochi)

| | |
|---|---|
| **Address** | Second Floor, Pulikkal Building, K.K. Padmanabhan Road, Ernakulam North – 682 018, Kerala |
| **Phone** | [0484-3583961](tel:04843583961) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/cochin/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Commercial disputes, property litigation, financial-claim arbitrations and real estate transactions. |

### 9. Noida (NCR)

| | |
|---|---|
| **Address** | No. 16 & 17, Silver Offices, 17th Floor, Wave One, Sector 18, Noida – 201 301 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/noida/ |
| **Practice focus** | Aviation · Insurance · Mergers & Acquisitions · Corporate |
| **Office head** | **Mr. Dinesh Gupta** (joined August 2025 to lead and expand the corporate practice) |
| **Notes** | Newest office. Sector-focused on highly regulated industries serving NCR-based clients. |

---

## Quick-Dial Phone List

| Office | Phone |
|---|---|
| Mumbai HO (Apeejay) | 022-6924-7400 |
| Mumbai Excelsior | 022-697-40500 |
| Kolkata | +91 33 4813 1001 |
| Bengaluru | 080-4167-2444 |
| Hyderabad | 040-6666-5166 |
| Cochin | 0484-3583961 |
| **General / Marketing line** | **+91 836-9995919** |

Delhi, Chennai and Noida route through the general number.

---

## Social Channels

- LinkedIn: https://www.linkedin.com/company/indialaw
- X / Twitter: https://twitter.com/Indialawmumbai
- Facebook: https://www.facebook.com/indialawllp/
- Instagram: https://www.instagram.com/indialawllp

---