Mohamad Aslam Khan v. Veerendra Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.485 of 2020 • Mohamad Aslam Khan S/o Late Mohamamd Yusuf Aged About 45 Years Occupation- Businessman, R/o Ward No/5, Pendra Roda Gorela, P.S. Gorela, Pendra, Marvahi Chhattisgarh ---- Applicant

Versus

1. Veerendra Kumar S/o Shri B.K. Kumar Aged About 40 Years R/o Hall Mukam Pendra Roda Gorela, Ps Gorela, Pendra, Distt. Gorela Pendra Marvahi, Chhattisgarh

2. Branch Manager Mahindra And Mahindra Financial Service Limited, Ground Floor, Jaiswal Comlwex, Gurukul Vidhalay Ke Pass, Semara, Pendra Road, District Gorela Pendra Marvahi, Chhattisgarh

3. Manager Mahindra And Mahindra Financial Service Limited, Office Sector- C- Plot 54/A, Sirgitti, Bilaspur, Chhattisgarh ---- Non-applicants For Applicant - Mr. Prakash Mishra on behalf of Mr.

Sourabh Sharma Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 04-12-2020

1. Heard on petition.

2. This petition has been brought being aggrieved by the order dated 12.11.2020 passed by the trial Court by which the application under Order 39 Rule 3 of C.P.C. was dismissed.

3. Learned counsel for the petitioner submits that there had been, an urgency on the part of the petition as the respondents are intent of taking possession of the vehicle of which the petitioner is a rightful owner. There is a dispute regarding the payment of the balance loan

-2amount, hence, the petitioner had entitlement for ad-interim relief.

4. After considering on the submissions, the petition is disposed off at motion stage. The learned trial Court is directed to expedite the proceeding and dispose off the application under Order 39 Rule 3 of C.P.C. within a period of one month. It is also ordered that the statusquo be maintained for a period of one month only from the date of passing of this order. this order of status-quo shall become ineffective after the expiry of one month.

5. Accordingly, this petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Monika