Sk Rajjak Hossain 27 June 2017

Legal help request

Good Evening!!!

Dear Sir

In reference from the L awyersclubindia.com am sending you this mail with a case history.

Need your help to get the issue resolved.

In a case a 4 wheeler has mentioned and post seized by police without any information to opposite party (Me or my Advocate) concerned Car has been released to defecto complainer with a bond of 6Lac and terms condition is "nature character sale handover also colour not to be changed till disposal of the case." Where defecto complainer is not registered owner, but after received the same complainer has sold the car.

IO's has reported that concern car to be released to registered owner only but court has handover the same to complainer who is not registered owner. I have made a complain in front of CJM that the car has been sold. On that time complainer’s advocate has submit a affidavit which was made on 05.aug.2016 that registered owner has passed the right to complainer for using this car he has no objection. CJM has replied that I can’t re-arrange my order you need to go upper court. Then

I have lodged a order revision appeal (ref to attached appeal application) but got order after 2 months from the date of hearing. Appeal’s order is that “ It was proved that applicant’s has paid EMIs and registered owner has sold the concern car and violate the order but court has no business to interfere on this matter.” Hence revision is rejected without cost.

My points :

It was proved that registered owner has violate the order then is it correct order.
If someone violate the court’s order then court has no right to take the legal action.
see the order 22.07.16 after bail rejection car releasing order has been write by someone not CJM. (Should i take hand writing expert's help to prove it was malpractice done by other official not CJM.)
Is it possible to accept NOC of registered owner which was made after releasing the car.
Supposed the releasing order is correct then is there any right to sale or handover or any changes can be legal..

Would request you to see the all attached copy and suggest me the future steps which will go infavour of mine as well as against of defecto complainer.

Reply Follow

2 Replies

Siddharth Srivastava (Advocate) 04 July 2017

The appellate and trail court must have to apply their mind. A seized vehicle can only be registered to recorded owner only. But it is to be noted that criminal court has no jurisdiction to decide the right of any person in case of dispute beside you may also challenge the oprder of appellate court in higher court. You may file suit for declaration, injunction and recvery of damages. Consult a lawyer with all details.

Sk Rajjak Hossain 06 July 2017

Dear Sir, My point is that the court's order is correct where concern car has released with few condition that sale handover nature character would not be possible till disposal of the case. But how is it possiable the same has been sold after received the car from court... On thia case court can order that bond amount should be returned or car need to be produced infront of court. Pls suggest.