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1986 Supreme(Ker) 57

SREEDHARAN
BHARUDAN DUGAR – Appellant
Versus
S. I OF POLICE – Respondent


Judgment :-

1. The petitioners in these cases are the trustees of a Trust called M/s. Dugar Finance Trust which is carrying on the business of Hire Purchase Financiers in motor vehicles. The firm has its head office at Madras. In the course of their business the Trust entered into a hire purchase transaction with Sri. K.R. Vasudevan of Shertalai in respect of a contract carriage bearing registration No. KLY 9509. As per that agreement the Trust was the owner of the vehicle and Sri. Vasudevan the hirer. Since the hirer defaulted payment of the instalments to the tune of Rs. 92,000/-the Trust terminated the contract after giving notice to the hirer and repossessed the vehicle on 20-10-85 at about 6 a.m. The Trust thereafter filed O.S. 7904/85 before the City Civil Court at Madras and moved an application for injunction restraining the hirer, the

guarantor and persons claiming through them from interfering with the possession of the Trust over the vehicle. The Court granted the order of injunction as prayed for. While so, the cleaner of the bus lodged a complaint before the Sub Inspector of Police, Muhamma at 3 p.m. on 20-10-1984 for offence punishable under S.395 I.P.C. The police re




























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