Petitioner seeking modification of magistrate order regarding repossessed vehicle and release of documents. Court directed petitioner to approach the learned Magistrate for necessary modification rather than modifying order itself.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941
Crl.MC.No. 1163 of 2019
ORDER DATED 25.03.2017 IN CMP NO.276/2017 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-XI, THIRUVANANTHAPURAM.
PETITIONER/FINANCIER:
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., 1ST FLOOR, BAVA SAHIB COMMERCIAL COMPLEX, AMBUJA VILAS ROAD, THIRUVANANTHAPURAM-695001. REPRESENTED BY ITS AUTHORIZED SIGNATORY NAVEEN.T.P.
BY ADVS.SRI.T.A.UNNIKRISHNAN
SRI.K.K.AKHIL
RESPONDENTS/STATE & PETITIONER:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SURESH KUMAR,
AGED 35 YEARS, S/O SIMON, 15/258, MEKKUMKARA PUTHEN VEEDU, PERUMBAZHUTHOOR DESOM, ARUMANOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN-695121.
BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1163/2019
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ORDER
A tipper lorry owned by the 2nd respondent was taken into custody by the Sub Inspector of Police, Perrorkada, for illegal transportation of red earth. The said vehicle was released to the 2nd respondent by the learned Magistrate by imposing conditions. While the vehicle was being operated by the 2nd respondent, the same was repossessed by the petitioner herein, in their capacity as hirer, for non payment of dues.
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and seek modification stating the facts and circumstances. If any such application is filed, the learned Magistrate shall consider the same and pass appropriate orders.
This petition is disposed of.
sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
PS
//True copy//
PS to Judge
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE ORDER DATED 25/3/17 IN CMP NO.276/17 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-XI, THIRUVANANTHAPURAM.
ANNEXURE II TRUE COPY OF THE PETITION IN CMP NO.276/17 OF JUDICIAL FIRST CLASS MAGISTRATE COURTXI, THIRUVANANTHAPURAM.
RESPONDENTS’ EXHIBITS:-NIL
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD.
STATE OF KERALA
SURESH KUMAR
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
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