STATE OF UTTAR PRADESH Vs. MODERN TRANSPORT COMPANY LUDHIANA
SUPREME COURT OF INDIA
STATE OF UTTAR PRADESH
MODEM TRANSPORT COMPANY,LUDHIANA
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(1.)Special leave granted.
(2.)The respondents had filed a writ petition in the High Court being aggrieved by the action of the appellants in seizing the vehicle and detaining the goods which were being transported by the respondents. The prayer in the writ petition was for a direction for the release of the goods and the vehicle, This petition was filed, according to the learned counsel for the appellants, on 6/11/2000 and on 17/11/2000, the following order was passed by the High Court :
"Until further orders we direct that the truck and goods which had been detained on 5.10.-2000 ,and 7.10. 2000 shall be released forthwith in favour of petitioner. As regards the goods which have been seized they will be released on petitioners furnishing bank guarantee before respondent No. 2 to the tune of 10% of the Bill value as mentioned in the sale invoices. "
(3.)There is nothing to indicate that any notice was issued and adequate opportunity given-to the appellants herein to file a reply in opposition to the writ petition. The copy of the order filed also does not Indicate any counsel being present on behalf of the appellants herein. Without giving any reason whatsoever, orders were passed by the High Court directing the release of the truck and the goods This was the only prayer in the writ petition which, in effect, stood allowed by the impugned order dated 17/11/2000.
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