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2010 Supreme(All) 1400

JAYASHREE TIWARI, R.K.AGRAWAL
RAFIQ AHMAD – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
K.P. Agarwal and Ghazala Bano Quadri for the Petitioner; C.S.C., A.S.G.I., Manish Trivedi for the Respondents.

JUDGMENT

By the Court.—By means of the present writ petition, the petitioner seeks a writ, order or direction in the nature of mandamus directing the respondent No. 4 i.e. ICICI Bank Ltd. Sardar Patel Marg, Civil Lines, Allahabad to release the Mini Bus Tata 407 having registration No. U.P. 70 AT 6632 to the petitioner. A further direction is sought in the nature of mandamus to direct the respondents No. 5 and 6 to register the case against the respondents on the basis of an application filed as Annexure 4 to the writ petition.

2. Briefly stated the facts giving rise to the present petition are as follows.

The petitioner had purchased a Mini Bus Tata 407, which was financed by the ICICI Bank Ltd. Civil Lines, Allahabad. Its registration No. is U.P. 70 AT 6632 and Chasis No. 357166 ATZ 452481 and Engine No. 4075. It was financed by the ICICI Bank Ltd. under the terms of an agreement dated 29.3.2007, a copy of which has been placed on record by the bank alongwith the counter affidavit as Annexure CA 1. It appears that the petitioner defaulted in payment of instalments as a result of which it is the case of the petitioner that the bank forcibly seized the vehicle on 6.5.2008 without ad








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