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M/s Tirupati Credit Corporation v. The State Of Bihar and Ors.

Patna HC7 Aug 2014CR. MISC./7374/2014

Case brief

AI extract

What is this about?

Petitioner in a PS case sought quashing of an order refusing release of a financed vehicle after an arbitration award for default of instalments. High Court set aside impugned order directing the Trial Court to release the vehicle within two weeks, subject to undertaking not to dispose of it pending case disposal.

What did the court decide?

The order refusing release of the vehicle was set aside and the Trial Court was directed to release the Bolero Jeep to the petitioner within a fortnight after verification, subject to an undertaking b

M/s Tirupati Credit Corporation Vs The State Of Bihar and Ors. — Arbitration | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7374 of 2014

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Arising Out of PS.Case No. -21 Year- 2013 Thana -RAMGARHWA District- EAST CHAMPARAN (MOTIHARI)

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====================================================== M/S Tirupati Credit Corporatio, having its registered Office at 18, Sir Hari Ram Goenka Street, Kolkata-700007, through Power of Attorney Holder Sri Sujit Kumar Maity, son of late Achinty Kumar Maity, resident of 25/1/1/2A, Kanhai Dhar Lane, Kolkata, P.S. Muchi Para, Town and District Kolkata-12, State West Bengal

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Urmila Devi, wife of Ramvinay Singh, resident of village+P.O. Pathni, P.S. Ramgarhwa, District East Champaran

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Rakesh Roshan, son of Lal Babu Sahni, resident of village=P.O. Agarwa, P.S. Motihari, District East Champaran

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.... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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3 07-08-2014 The Petitioner seeks quashing of the order dated

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16.12.2013 passed by the Sub Divisional Judicial Magistrate, Raxaul at Motihari in Ramgarhwa P.S. case No.21 of 2013, by which he has refused to release Bolero Jeep bearing No.BR05P/7222 in favour of the Petitioner.

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A First Information Report was instituted on 23.2.2013 when an accident took place between the aforesaid Bolero jeep and a bicycle rider. The Petitioner was the financer of the said vehicle which was given on an agreement to the Opposite Parties No.2 and 3. When they defaulted in payments of the instalments, an Arbitration was held in Kolkata but despite its order the Opposite Parties No.2 and 3 failed to pay the monthly instalments which was still due. The Arbitrator then passed an Award on

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Patna High Court Cr.Misc. No.7374 of 2014 (3) dt.07-08-2014

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15.11.2013 by which a sum of Rs.5,33,965/- together with interest and cost thereof was payable by the Opposite Parties No.2 and 3 to the Petitioner. However he failed to do so.

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When the Petitioner learnt of this accident, he prayed for release of the jeep on the basis of this arbitration award which the Opposite Parties No.2 and 3 were continuing to flout upon which the impugned order was passed.

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The aforesaid facts are not disputed by the Opposite Parties No.2 and 3 but he takes a factual plea that it was on account of unforeseen circumstances that the instalments could not be paid and hence the vehicle be not released in favour of the Petitioner.

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Having gone through the documents on record, I have no manner of doubt that the Petitioner is the rightful owner of the vehicle and, therefore, the order dated 16.12.2013 passed by the Sub Divisional Judicial Magistrate, Raxaul at Motihari in Ramgarhwa P.S. case No.21 of 2013 is hereby set aside.

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The Trial Court is directed to release the Bolero Jeep bearing No.BR-05P/7222 in favour of the Petitioner within a fort night after due verification of the documents. However, the release of the vehicle will have no bearing on any subsequent development which takes place between the parties. The Petitioner

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Patna High Court Cr.Misc. No.7374 of 2014 (3) dt.07-08-2014

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3/3

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shall also give an undertaking that he will not dispose of the
vehicle till such time as the case is disposed of.
The application stands disposed of.
(Anjana Prakash, J)
Narendra/-
U T

M/s Tirupati Credit Corporation v. The State Of Bihar and Ors.

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M/s Tirupati Credit Corporation v. The State Of Bihar and Ors.

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