TATA MOTORS FINANCE LTD. Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
TATA MOTORS FINANCE LTD.
THE STATE OF MAHARASHTRA
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(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
(2.) The petition is filed to challenge part of order made by the learned Judicial Magistrate, First Class, Udgir in Criminal M.A. No. 576/2015 and the decision of Criminal Revision No. 23/2015, which was pending in the Court of Additional Sessions Judge, Udgir. There are allegations against a driver of the truck that he sold the goods, jaggery to third person without permission of owner of the goods and thereby committed the offences of criminal misappropriation and breach of trust.
(3.) Present petitioner is finance company, which had given loan to the registered owner of the truck on hypothecation basis. By filing aforesaid application in the Court of J.M.F.C., the finance company had prayed for interim custody of the vehicle and also for getting permission to sell the truck. It is the case of finance company that if the vehicle is kept idle, it's value will get reduced and the finance company will suffer loss. It is the case of finance company that the debtor has committed default and proceeding is started against the debtor for recovery of amount due from him. The learned J.M.F.C. allowed the application partly and gave interim custody of the vehicle to the present petitioner. However, the permission to sell the vehicle was not given and so, the aforesaid revision was filed by the present petitioner in Sessions Court. The Sessions Court has dismissed the revision by observing that no objection is not given by Investigating Officer and also the registered owner for such sale.;
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