Vehicle seized under section 376 d and repossession

Ranbir (Querist) 05 July 2016 This query is : Resolved
Dear sir I am a handicapped person my vehicle was seized under section 376 IPC but neither the driver nor the vehicle had any involvement know while the vehicle was seized I applied for release of the vehicle on bond on the ld court in the mean time I could not pay the bank installment and the vehicle was repossessed by the bank from the police station what are my rights I had already invested around rs 600000 in my vehicle and am totally frustrated with all these headache and tension and the vehicle was given to me on submission of bond of around rs 550000 in court. I have the order of the court for release of vehicle on bond now how to get my vehicle back as it assumes that the vehicle may be sold to the third party by the bank

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P. Venu (Expert) 05 July 2016
Section 376 Indian Penal Code?

dev kapoor (Expert) 06 July 2016
Hi,
You have a complex situation .Court has released your vehicle but police delivered it to Bank as defaulted loanee.
1.If bank does not release vehicle,this amounts to disobedience of court order.
2.You cannot ask bank ppl to release as the court order is not against it.
ADVICE
1.File CMP against bank for non compliance of court's order & when.matter was sub judice before a Court what impelled it to release vehicle in favour of third party/bank.
2.Seek court direction against bank for release of said car.
3.Pay bank instlments and compromise with them.
..

M V Gupta (Expert) 06 July 2016
Police have committed contempt of the court by delivering the vehicle to the Bank instead of u as directed by the court. I am inclined to agree with the course of action suggested by Shri Kapoor.