1 Cri.WP No.297/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.297/2011 ( Tata Motors Finance Ltd.,Aurangabad Vs. The State of Maharashtra and Anr. ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. VD Sapkal, Adv. h/for Mr. AV Gore, Adv. for Petitioner; Mr. PP More, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 13 th JUNE, 2011. ... 1) Heard Mr.Sapkal for the petitioner and learned APP for State finally. Respondent No.2, in spite of service, absent. 2) Financial facilities for purchase of a vehicle under agreement dated 27.4.2007, were extended by the petitioner a finance – company, based on which, a vehicle, being TATA Safari, was purchased and it was under hypothecation agreement. 3) Since the borrower, respondent no.2 failed to comply with the obligations to discharge the liability, the vehicle was tried to be taken charge and since the vehicle was taken by the petitioner-finance company, controversies crept in. 4) An application for release of the vehicle was moved by the petitioner finance company as well as by respondent no.2. The learned JMFC, without giving notice to the finance company, merely on the say of the Investigating Officer, directed release of the vehicle, particularly when the application being,Misc. Application No.416/2011, was pending. 5) It would have been appropriate for the learned JMFC, Aurangabad to have decided on merits both the applications, i.e. Cri.MA No.437/2011 and Cri. MA No.416/2011 and should have passed appropriate orders. 6) Since the petitioner finance company was not heard while – 2 Cri.WP No.297/2011 passing the impugned order, the order is set aside. The learned JMFC, Aurangabad to decide both the above referred applications afresh on its own merits by giving opportunity to both the sides. Both the parties to appear before the learned JMFC Aurangabad on 8th July, 2011. 7) The petitioner finance company shall intimate the next date – of appearance to the respondents by registered post AD within three days from today. 8) Criminal Writ Petition disposed of in aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/