Shriram Transport And Finance Co.Ltd. v. Sonjeet And ANR.

W.P.(Art. 227)No.318/2012 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.318 of 2012 Shriram Transport & Finance Co. Ltd., through its authorized signatory, Shri Shyam Bihari Pandey, S/o Late Shri Sita Ram Pandey, aged about 65 years, R/o Shivghat, Ratanpur Road, Old Sarkanda, Bilaspur, District Bilaspur (C.G.) (Applicant) ---- Petitioner

Versus

1. Sonjeet, S/o Lala Ram Dewangan, aged about 31 years, R/o Bhendri, Tahsil Kurud, District Dhamtari (C.G.)

2. Surendra Ber, S/o Ramdas Ber, R/o Village Sarona, Tahsil and District Dhamtari (C.G.) (Non-applicants) ---- Respondents For Petitioner:

Mr. Harsh Wardhan, Advocate.

For Respondent No.1:

Mr. Amit Kumar, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/07/2017

1. By the impugned order, the petitioner's objection has been rejected by the executing court and the executing court has further directed for attachment of the attached vehicle against which this writ petition has been preferred.

2. Learned counsel for the petitioner submits that the petitioner has first charge over the attached property and therefore at the instance of the claimants, the property could not have been directed to be attached.

3. By the impugned order, the petitioner's objection has been rejected and the vehicle has been directed to be attached. The executing

W.P.(Art. 227)No.318/2012 court has given valid and sufficient reasons to reject the objection preferred by the petitioner that no such objection was raised at the time of attachment of vehicle. I do not find any judicial error in the impugned order. The petition is accordingly, dismissed. However, this will not bar the petitioner to file appropriate application before that court. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Soma