TVS CREDIT SERVICES LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant has prayed to modify and / or delete condition No.3(d) of the order dtd. 12/11/2021 passed by the City Civil and Sessions Court, Ahmedabad in Criminal Revision Application No. 226 of 2020 and to grant permission to sell the vehicle being TATA Motors 2516 Tipper bearing Registration No. GJ-01-BV-2766. The said condition No.3(d) reads as under;

(2.) The facts in brief are that the applicant herein had financed loan of Rs.7,92,000.00 to respondent No.2 for the purchase of the four wheeler in question. The loan amount was to be repaid in 48 monthly installments. However, the vehicle in question came to be seized in connection with the complaint being FIR No.11191055200082 registered with E- Traffic Police Station, Ahmedabad City u/s. 131 of the G.P. Act and since then, respondent No.2 had not paid the monthly installments nor had paid up the outstanding loan amount. The applicant had, therefore, preferred an application u/s.451 of Cr.P.C . before the Magistrate Court; however, the same was rejected. Thereafter, the applicant had preferred Criminal Revision Application No.226 of 2020 before the Court below. The said revision came to be allowed on certain terms and conditions by way of the impugned order. Being aggrieved by condition No.3(d) of the impugned order, the present application has been preferred.

(3.) Learned advocate for the applicant submitted that the applicant is the Finance Company, which had financed the loan for the purchase of vehicle in question by respondent No.2. After the vehicle came to be seized, the respondent No.2 had neither paid the monthly installment nor had repaid the outstanding loan amount. Since the applicant has to recover the outstanding loan amount, it has to sell the vehicle in question; however, the condition in question prohibits such sale. It was, accordingly, urged to delete said condition from the impugned order.