Javed Akhtar Khan @ Javed Akhtar vs The State Of Jharkhand
2022 Latest Caselaw 4513 Jhar

              IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Cr.M.P. No. 3345 of 2022
      1. Javed Akhtar Khan @ Javed Akhtar
      2. Vikash Kumar Jaiswal @ Vikash Jaiswal         ..... ... Petitioners
                                   Versus
      1. The State of Jharkhand.
      2. Abhijay Kumar Prajapati                      .... ...           Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Bharat Kumar, Advocate For the State : Mr. V.K. Vashistha, Spl.P.P.

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03/ 10.11.2022 Learned counsel appearing for petitioners submits that M/s Hinduja Leyland Finance Company Limited is a non-banking finance company incorporated under the provisions of the Indian Companies Act, 1956. The complainant approached the said company for the loan cum hypothecation agreement on 31.03.2016 for purchase of a vehicle. He submits that in the said agreement as per Article-14, the company has full right to repossess/seized and sell the vehicle in case of default. He further submits that it has been alleged that the petitioner No. 1 was present at the time of repossession of the vehicle, however, there is no allegation so far as petitioner No. 2 is concerned. He further submits that the present case is fully covered in the light of the judgment of the Hon'ble Supreme Court in the case of Anup Sarmah Versus Bhola Nath Sharma & Ors., reported in (2013) 1 SCC 400.

Let notice be issued upon the O.P. No. 2 under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within two weeks.

No coercive steps shall be taken against the petitioners, in connection with Complaint Case No. 1779 of 2018, pending in the court of learned Judicial Magistrate, Ranchi till the next date of listing.

Let this matter appear on 14.03.2023.

(Sanjay Kumar Dwivedi, J.) Amitesh/-