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2018 Supreme(J&K) 766

SANJAY KUMAR GUPTA
Mahindra and Mahindra Financial Services – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners:Mr. Mohd. Latief Malik, Advocate.

JUDGMENT :

1. Through the medium of instant petition filed under Section 561-A Cr.P.C, petitioner seeks quashment of order dated 25th March, 2014, passed by the Court of learned Chief Judicial Magistrate, Doda, by which the Court has released the vehicle bearing Registration No.JK02AP-4885 (Tempo Traveller) in favour of respondent No. 3 and rejected the application of the petitioner for release of vehicle in question in favour of the petitioner Company in spite of the admitted fact that the petitioner is the real owner of the said vehicle.

2. The facts in nutshell are that the petitioner-company is a Finance Company registered under the Companies Act and deals with the business of financing for the purchase of the vehicle by granting the vehicle loan with term repayment having its Head Office at Gateway Building, Apollo Bunder, Mumbai and Branch Offices all over the country and number of such branches are operating within the territorial limits of the State of Jammu & Kashmir. The petitioner-Company is a legal entity and, thus, can sue and be sued. The respondent No.3 approached the petitioner-Company in the month of May, 2010 and requested for obtaining term loan for the purchase of

















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