Allowed

Vijaya Bank v. State of Kerala

Kerala HC9 Feb 2018Crl.MC/945/2018

Case brief

AI extract

What is this about?

The Kerala High Court quashed the lower court order which declined the Vijaya Bank's request to sell a hypothicked vehicle in interim custody. The court permitted the bank to sell the vehicle via public auction to prevent value depreciation.

What did the court decide?

Annexure-A3 order quashed; petitioner permitted to sell the vehicle by conducting an auction sale after giving a public notice.

Vijaya Bank Vs State of Kerala — Execution and Attachment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

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Crl.MC.No. 945 of 2018

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---------------------CR.MP. NO. 2360/2017 AND 2361/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, NORTH PARAVUR.

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PETITIONER(S)

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VIJAYA BANK, CHERTHALA BANK, REPRESENTED BY ITS MANAGER, AAVANEESH ANAND.

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BY ADVS.SRI.BINNY PALAMATTOM, SRI.T.RAJESH, SMT.JEENU ABRAHAM.

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RESPONDENT(S):

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STATE OF KERALA, (CRIME NO. 1051 OF 2017 OF NORTH PARAVUR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.T.R. RENJITH.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 945 of 2018 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A1 TRUE COPY OF THE PETITION CRL.M.P NO. 2361/2017 FILED BY THE BANK BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARAVUR DATED 27-11-2017. ANNEXURE A2 TRUE COPY OF THE PETITION CRL.M.P NO. 2360/2017 FILED BY THE BANK BEFORE THE JUDICIAL FIRST MAGISTRATE COURT-I,NORTH PARAVUR DATED 27-11-2017. ANNEXURE A3 TRUE COPY OF THE COMMON ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, NORTH PARAVUR IN CR.M.P. NO.2360/2017 AND CRL.M.P NO. 2361/2017 DATED 19-01-2018. ANNEXURE A4 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL.M.C. NO. 6116/2017 DATED 30-08-2017. RESPONDENT'S ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B. KEMAL PASHA, J.

Crl.M.C.No.945 of 2018

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Dated this the 9^th day of February, 2018

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O R D E R

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Annexure-A3 order, so far as it relates to C.M.P.No.2360/2017 in Crime No.1051/2017 of the North Paravur Police Station passed by the Judicial First Class Magistrate's Court-I, North Paravur, is under challenge. Admittedly, the vehicle is hypothicated with Vijaya Bank, Cherthala Branch. The vehicle has been released to the interim custody of the petitioner, who is the Manager of the bank.

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When the vehicle is lying idle, there is every

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reason to think that its value is being diminished day by day. The petitioner had approached the court below with a request for permitting them to sell the vehicle. Unnecessarily the said request has been declined. Annexure-A3 order, so far as it relates to C.M.P.No.2360/2017, is quashed. The Petitioner is permitted to sell the vehicle by conducting an auction sale after giving a public notice.

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In the result, this Crl.M.C. is allowed and the

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Crl.M.C.No.945 of 2018 2

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petitioner is permitted to sell the vehicle by conducting an auction sale after giving a public notice.

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Sd/B. KEMAL PASHA, JUDGE.

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Vijaya Bank v. State of Kerala

Case brief

What is this about?

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Vijaya Bank v. State of Kerala

Case brief

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What did the court decide?

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