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2000 Supreme(Guj) 870

D.C.SRIVASTAVA
SATPALSINGH AJITSINGH BAJAJ – Appellant
Versus
KALYANI TRADING COMPANY – Respondent


Advocates Appeared: B.P.Munshi, M.A.BUKHARI, NIRAV C.THAKKAR, V.N.RAVANI

D. C. SRIVASTAVA, J.

( 1 ) THE order of the Additional Sessions Judge, jamnagar, passed on 21-1-2000 is under challenge in this Revision. Briefly stated the facts giving rise to this Revision are as under : the truck No. GRX 4963 was seized by the Police on 4-4-1999 as case property for investigation of offences under Sees. 392, 406, 420 read with Sec. 114 of the I. P. Code. The said case was registered on the complaint of satpalsingh Ajitsingh who is revisionist in this Revision. He moved an application praying that the aforesaid truck be given in his interim custody on imposing terms and conditions. He apprehended that if the truck is not given in his custody and remains idle at the police station for long time, then it will be damaged and since the truck is the sole source of business of the complainant he will suffer monetary loss as well. Objection was submitted against this Application by Sunilbhai D. Kalyani, partner of M/s. Kalyani Trading Co. inter alia pleading that the revisionist was not lawful owner of the said truck. On the other hand, kalyani Trading Co. , is a firm engaged in financing business. One Purshottam mavjibhai Dangaria obtained loan/finance of Rs. 1,11,000.












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