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2018 Supreme(Pat) 18

RAJEEV RANJAN PRASAD
Indrajeet Kumar s/o Bharat Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kameshwar Prasad Gupta, Mr. Binod Kumar, Smt. Deepanjali Gupta
For the Respondent: Mr. Alok Kumar Agrawal, Mr. Amaresh Kumar Sinha, Mr. Utsav Kumar

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel representing the State as well as learned counsel representing the respondent nos. 4, 5, 6 and 7. The respondent no.7 who is the recovery agent of respondent no.4 has chosen not to file any counter affidavit. Learned counsel representing respondent no.4 has filed vakalatnama on behalf of respondent no.7.

2. Petitioner in the present case is seeking release of his four wheeler motor vehicle namely Safari bearing Reg.No.BR-32 G7733. It is the case of the petitioner that the vehicle in question was purchased from Guinea Motor Pvt. Ltd., Boring Canal Road, Patna through M/S R.K. Finance Ltd. (respondent no.4) for a total price of Rs.7,88,752/- against which the petitioner paid Rs.3,80,265/- on 07.05.2012 in cash and rest of the amount was financed by M/S R.K. Finance Ltd. (respondent no.4). The financial assistance provided to the petitioner was required to be refunded in 32 equal monthly installments of Rs.21,000/-.

3. It is the specific case of the petitioner that initially he was given to understand that there shall be rebate of Rs.40,000/- and interest is payable only at the rate of 9% per annum, therefore believi



















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