HDFC BANK LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 07.10.2010, passed by the learned Judicial Magistrate, Sarwad, District Ajmer, whereby the learned Magistrate, while giving the custody of the vehicle, has imposed a condition that Mr. Robin Cherian, the receiver appointed on behalf of the HDFC Bank, is required to give a surety and bail bonds of Rs.25,00,000/-, the petitioner has approached this Court.

(2.) MR. Punkaj Gupta, the learned counsel for the petitioner, has contended that MR. Robin Cherian is merely an employee and a receiver of the HDFC Bank . However, as an employee and as a receiver, he is not in a position to fulfill the condition imposed by the court. Therefore, he prays that in place of Robin Cherian, the Bank should be directed to give an undertaking for the same amount. He further points out that in the case of Kotak Mahindra Prime Ltd. Vs. State of Rajasthan, S.B. Cr. Misc. Petition No.178/2011, decided on 28.01.2011, in a similar issue, this Court had directed the Bank to give its undertaking and had modified the order in that case.