SULTANKHAN YUSUFKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since these two matters have been arising out of one and the same complaint being Criminal Case No.868/1998 pending before the learned Judicial Magistrate First Class, Ahmedabad (Rural), Mirzapur at Ahmedabad, it would be appropriate to dispose of both these matters by a common judgment.

(2.) One Anagram Finance Ltd., a Company registered under the Companies Act, 1956 advanced a loan to one Aminaben Gulam Husain Patel for the purchase of a motor vehicle. A Hire Purchase Agreement was entered into between the said Company and Aminaben for the said purpose. There is no serious dispute that Aminaben purchased a motor vehicle out of the said loan and was required to pay the amount of loan by instalments, in accordance with the terms and conditions of the Hire Purchase Agreement. Indisputably, Aminaben did not pay the full amount, in accordance with the terms and conditions of the said Hire Purchase Agreement and in the meantime, she appears to have transferred the said vehicle to Sampurna Singh Ashasingh of Ahmedabad. It seems that neither Aminaben nor the said purchaser paid up the amount of loan. These facts have not been disputed in both these matters.

(3.) It appears that, thereafter, the said Finance Company took possession of the said vehicle. In the meantime, a civil suit was filed being Civil Suit NO.605/1997 by the said purchaser against the said Company as well as against Aminaben for perpetual injunction preventing the said Company from taking possession of the said vehicle from him. It seems that an interim relief application Ex.6 was also submitted by the said purchaser of the said vehicle in the said suit for interim injunction preventing the said Company from taking possession of the said vehicle from him.