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2015 Supreme(MP) 574

ROHIT ARYA
Seven Brothers – Appellant
Versus
Hinduja Leyland Finance Company – Respondent


Advocates:
Arvind Dudawat with Dhirendra Singh for petitioner;
M.M. Qureshi for respondents No.1 and 2.

JUDGMENT

1. Instant writ petition under Article 226 of the Constitution of India is filed for the relief in the form of direction against the respondent No.1, Hinduja Leyland Finance Company (hereinafter referred to as the respondentcompany) for release of the Excavator Machine on supardgi subject to payment of necessary dues regularly on monthly installments and further relief incorporated by way of amendment vide order dated 3.2.2014 in the form of direction to newly added respondents’ No.3 and 4 to take action and register criminal case against the respondent No.2 and his companions on the basis of complaints made by the petitioner with further direction to respondent No.4 to give possession of the Machine in question to the petitioner forthwith.

2. Facts relevant and necessary for disposal of this writ petition are to the effect that petitioner had approached respondent-company, a finance company registered under the Companies Act, 1956 for purchase of new Hyundai R215 LC7 Excavator Machine with Sr.No.N603D0042 and Engine No.84093664 (hereinafter referred to as the ‘Machine




































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