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2021 Supreme(Bom) 1164

REVATI MOHITE DERE
Vijay Kashinath Goradkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Prashant Jadhav, Advocate, Vishakha Vijay Pandit, Advocate, A.D. Kamkhedkar, Advocate

JUDGMENT

Revati Mohite Dere, J. - Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Learned APP waives service on behalf of respondent-State.

3. By this petition, the petitioner seeks release of his vehicle having registration No. MH43AQ9191, make-Toyota Kirlosar Motor Pvt. Ltd., Model Fortuner 3.0L 2 WD MT, Colour White, year 2013, Engine No. IKDU258934, Chassis No. MBJ11JV6104012952, currently lying at RTO Test Ground, Vashi, Navi Mumbai, to the petitioner, forthwith; as well as a direction to the respondent to pay compensation of Rs. 50,000/- to the petitioner.

4. Learned counsel for the petitioner submits that the detention of the petitioner's vehicle was unwarranted and contrary to the provisions of law. He submits that the petitioner had purchased the said car from Shri Siman Kaskar (Auto Pulse Showroom), who was a successful bidder in the auction conducted by the Kotak Mahindra Bank for the said motor vehicle. Learned counsel relied on the Sale Agreement entered into between the petitioner and Mr. Siman Kaskar dated 2nd July 2018. He submits that after the petitioner had purchased

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