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Madhya Pradesh High Court

M/S Radha Roadways Chandrapur Thr vs The State Of Madhya Pradesh Thr on 21 April, 2015

        1                                  W.P. 2143/2015


21/04/2015
      Shri Pawan Dwivedi, Advocate for the petitioner.
      Shri N.S.Kirar, Panel Lawyer for the respondents/State.

Learned counsel for the State yet again seeks time to seek instructions.

On the other hand, learned counsel for the petitioner contends in regard to interim relief sought for release of the goods (printing papers) that the same is of perishable nature and shall loose its commercial value if the same is not put to use in near future. It is further contended by him that the said printing paper loaded in the truck in question is exposed to the vagaries of nature and is lying in possession of respondent authorities at Jhansi Road, Police Station District Gwalior since 03.04.2015.

Looking to the facts that the printing papers is a perishable item, which may loose its commercial value, this Court without commenting upon merits of the case is inclined to extend interim relief to the petitioner.

As a measure of interim relief, it is directed that on furnishing security of Rs. 3,00,000/- to the satisfaction of the respondent No. 2, the printing papers loaded in the truck No. MP06-HC-2250 be released in favour of the petitioner forthwith.

It is made clear that the truck shall continue to be in possession of the respondents.

It is further made clear that the security as sought for by this interim relief would not mean Bank guarantee.

Let reply be filed within two weeks.

List thereafter.

Certified copy as per rules.

         (Sheel Nagu)                                  (B.D.Rathi)
            Judge                                        Judge
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