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SCR.A/504/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 504 of 2010
======================================
ADIL
SOLI KASAD - Applicant(s)
Versus
SALIMBHAI
BABUBHAI MAKWANA & 1 - Respondent(s)
======================================
Appearance :
MR
JT TRIVEDI for Applicant
Mr.
Kartik Pandya, Additional Public Prosecutor, for respondent
No.2
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 25/03/2010 ORAL ORDER
Heard
learned advocate for the applicant and learned APP.
The
learned advocate for the applicant submits that clause 5.3 of
Article V of the Loan Agreement provides a remedy when the security
becoming enforceable and right of the financier to recover custody of
the vehicle and places reliance on the decision of the Apex Court in
the case of Trilok Singh and others vs. Satya Deo Tripathi, reported
in AIR 1979 SC 850, to the effect that, when the dispute raised was
purely of civil nature, criminal proceeding initiated was an abuse of
the process of the Court.
Considering
the above,Rule.
Ad-interim
relief in terms of paragraph 5(b).
Notice
as to interim relief returnable on 27.4.2010.
Learned
APP waives service of notice on behalf of respondent No.2.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
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