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2022 Supreme(Gau) 125

MANISH CHOUDHURY
Md. Jamal Uddin, S/o Abdul Khalek – Appellant
Versus
State of Assam represented by the Commissioner and Secretary to the Government of Assam, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. M.U. Mahmud, Advocate,
For the Respondent:Mr. N. Goswami, Junior Government Advocate, M. Sarma, Advocate

JUDGMENT :

The petitioner has approached this Court by this writ petition seeking invocation of the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India on the premise that a vehicle purchased by him from the respondent no. 4 pursuant to a loan agreement, had been re-possessed by the respondent no. 4 through the respondent no. 5 and the respondent no. 6 in an allegedly forcible manner.

2. The case projected by the petitioner in this writ petition can be briefly stated as follows :-

2.1. In the month of April, 2017, the petitioner approached the respondent no. 4 to provide him financial assistance to purchase an equipment vehicle, Maker’s name : Case New Holland India Private Limited bearing Engine no. 8045.45*735-191683 and Chassis no. NKJ770EMKGKH00737 [‘the subject-vehicle’, for short]. The respondent no. 4 agreed to provide financial assistance in the form of loan to the extent of Rs. 22,00,000/-to the petitioner to purchase the subject-vehicle. In that connection, a loan agreement was executed between the petitioner and the respondent no. 4 with certain terms and conditions. The petitioner has claimed that he had paid an amount

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