SAYEED KHAN Vs. RAJENDRA KUMAR MAHESHWARI

JUDGEMENT

(1.) HEARD Sri S. K. Agarwal on behalf of Sri. M. C. Agarwal and Sri. R. K. Dubey holding brief for Sri M. K. Saxena.

(2.) BRIEF facts giving rise to the present revision are that the revisionist, Sayeed Khan, approached Sri Rajendra Kumar Maheshwari, a partner of M/s. Tek Chandra Bhagwan Das, for advancing loan for purchase of a truck. Revisionist, Sayeed Khan failed to pay instalments according to the agreement, Ex. Ka-1. The Financer requested revisionist Sayeed Khan to deliver the truck. Later on Rajendra Kumar Maheshwari learnt that Sayeed Khan had obtained fictitious registration by changing engine No. as well as chassis No. of the vehicle. An F.I.R. was lodged by Rajendra Kumar and truck was seized by the police. Ramzan Khan brother of Sayeed Khan moved an application for release of the truck which was rejected by the Court below. Rajendra Kumar also moved an application for release of the truck in his favour and that application too was rejected by the trial court. Rajendra Kumar preferred an appeal which was allowed by the appellate court and the truck in question was released in favour of Rajendra Kumar Maheshwari on executing a personal bond of Rs. 40,000 and two sureties Rs. 20,000 each.

(3.) THE revision is dismissed. Stay order dated 14.8.84 is vacated.