Crl.Pet. 205/2015. Gauhati High Court
| Case Number | Crl.Pet. 205/2015 |
| Judgement Date | July 13, 2019 |
| Court | Gauhati High Court |
Crl. Pet. No. 205 of 2015
BEFORE
HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK
13.07.2017
Heard Mr. Rupjit Dey, learned counsel for the petitioners and Mr. BB Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1.
Notice on the respondent No. 2 was duly served by publishing the same notice in two dailies, namely, the English daily “The Assam Tribune” and the Assamese Daily “Dainik Assam”, both dated 01.08.2015. I nspite of that, the respondent No. 2 did not enter appearance in the matter and, as such, the matter proceeded ex-parte against the said respondent.
Petitioner No. 1 is a duly registered company having its head office at Chennai, Tamil Nadu and it has one of its branch office at Guwahati. The said petitioner No. 1 is duly represented by its Branch Officer, respondent No. 2. The petitioner No. 1 company amongst other facilities provides loan for purchasing vehicles under loan agreements to prospective purchasers. The respondent No.2 availed such loan facility from the petitioner No. 1 company and purchased a TATA 207 DI vehicle bearing registration No. AS-01-DC-8846 with chassis No. MAT478012B9FI 8266 and Engine No. 497SP38FYY628652 by entering into a loan agreement dated 01.07.2011 with the petitioner No. 1 company for an amount of Rs. 3,80,000/ - which he was required to return with interests in 46 equated monthly installment of Rs. 11,122/ - w.e.f. 01.07.2011 to 01.04.2015 and accordingly the said vehicle was hypothecated in the name of petitioner No. 1 company as its financier. The Respondent No. 2 defaulted in making payment of the installments.
However, the said TATA 207 DI vehicle No. AS-01-DC-8846 was seized by police in connection with Fatasil Ambari P.S. Case No. 188/ 2012 on the basis of an FI R lodged by one Sankar Debnath on 09.04.2012. The petitioners on coming to know about the said seizure of the vehicle by Fatasil Ambari Police approached the
Crl. Ptn. No. 205 of 2015 Page 1 of 4
Court of learned CJM, Kamrup (M) at Guwahati by filing an application under Section 451/ 457 of the CrPC praying for custody of the said vehicle stating that the petitioner company is the financier of the said vehicle and that the respondent No. 2 defaulted in making payment of the monthly installments and that the vehicle is under hypothecation of the petitioner No. 1 company and further, the registration certificate is also in favour of the petitioner No. 1 company. The learned CJM, Kamrup (M), Guwahati on...
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