Telangana High Court

WP/25804/2008 of R.Madhava Rao Vs The Special Officer and Commissioner , Greater Hyderabad on 26 December 2008

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SRI JUSTICE V.V.S.RAO WRIT PETITION No.11885 of 2005 ORDER: An interesting question of importance arises in the writ petition. Whether owner who obtained release of a motor vehicle allegedly involved in the commission of an offence under Section 13(2) of Andhra Pradesh Prohibition Act,

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THE HON’BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.11885 of 2005

ORDER:

An interesting question of importance arises in the writ petition. Whetherowner who obtained release of a motor vehicle allegedly involved in the commissionof an offence under Section 13(2) of Andhra Pradesh Prohibition Act, 1995(Prohibition Act, for brevity), is obliged to honour the Bank guarantee (furnished asper the orders of the Court) after lapse of some time when for obvious reasons thevalue of the vehicle seized and confiscated as per law depreciates to a value lesserthan the bank guarantee amount.

M/s.Sriram Tranport Finance Company Limited having its registered office atChennai in Tamil Nadu, advanced loan to one Ch.Sarada (hirer, for brevity) forpurchase of Tata _______________

(V.V.S.RAO, J)

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