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2006 Supreme(Cal) 478

PRABUDDHA SANKAR BANERJEE, BHASKAR BHATTACHARYA
ARINDAM BASU – Appellant
Versus
AMAL KUMAR BOSE – Respondent


Advocates Appeared:
ALOKE GHOSH, Haridas Das, KALLOL BOSE, MANOJ MALHOTRA, P.K.GHOSH, PARITOSH SINHA, S.CHOWDHURY, S.DAS

BHASKAR BHATTACHARYA, J.

( 1 ) THIS mandamus-appeal is at the instance of the private-respondents in a writ-application and is directed against the order dated 20th June, 2003 passed by a learned Single Judge of this Court thereby allowing the writ-application by directing the Police Authority to recover a vehicle from the custody of the private-respondents after making an inventory of the same and to hand over the vehicle to the writ-petitioner who was previously in possession of the same by virtue of a hire-purchase agreement with the private-respondents. His Lordship further ordered that the writ-petitioner would run the vehicle under his exclusive control and would keep the same in a running condition until the entire payment is made to the HSBC Bank Limited, the private-respondent, under the agreement. His Lordship had, however, not decided the validity of hire-purchase agreement or the actual amount of outstanding dues payable by the writ-petitioner in this writ-petition and observed that the said order would not stand in the way of the HSBC Bank Limited from initiating appropriate legal proceedings against the writ-petitioner for recovery of outstanding dues and/or taking p





























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