Rama Bhattacharjee vs State Of Tripura And Ors

Heard Mr. T.D. Majumder, learned counsel appearing for the petitioner-Smt. Rama Bhattacharjee as well as Mr. Ratan Datta, learned P.P., appearing for the State-respondent.

The brief facts of the case are that one-Rupa Bardhan had purchased a JCB vehicle on loan by taking finance from SREI Equipment Finance (P) Ltd. The said Smt. Rupa Bardhan had failed to pay installments. Due to such failure, the said SREI Equipment Finance (P) Limited Company had lifted the vehicle and published a notice for auction sale. The petitioner herein had participated in the auction sale process. He became the highest bidder and on her payment of the bid amount of money, said SREI Equipment Finance(P) Ltd. had handed over the vehicle to the petitioner along with all relevant documents related to the vehicle. By that way SREI Equipment Finance(P) Ltd., had confirmed that the vehicle was sold to Rama Bhattacharjee on auction and they requested the State Transport Authority to remove the lien they created in favour of Smt. Rupa Bardhan, the original purchaser.

On the basis of this fact, Mr. Majumder, learned counsel for the petitioner has submitted that one day it was found that Rupa Bardhan had forcibly taken away the vehicle from the custody of the petitioner when the vehicle was parked on road at Ramnagar Road No.4 on 11.03.2020. Smt. Rama Bhattcharjee had immediately lodged complaint to the police station but police did not register any case. However, the police had seized the vehicle on 15.03.2020 from A.K. Road near the house of Rupa Bardhan. The police authority had sent the seizure report of the vehicle to the Court of learned Chief Judicial Magistrate, West Tripura, Agartala and learned CJM had taken cognizance and passed an order on 16.03.2020 asking the investigating officer to expedite investigation. The petitioner thereafter had filed a petition before the learned Chief Judicial Magistrate to release the vehicle in her favour because she purchased the vehicle on auction sale. Simultaneously, Rupa Bardhan also lodged a claim filing a petition claiming that she is the real registered owner of the vehicle. However, vide order dated 17.03.2020, the learned CJM had observed that:

"The IO is further directed to take all necessary measures ensuring thereby safe custody of the said seized vehicle.

The aforesaid petitions are hereby kept reserved and shall be disposed of on receipt of the aforementioned report from the IO. "

Finally, he had fixed the date for report of IO on 29.03.2020 and the learned Court had passed the order in the following manner:

"Today was fixed for report.

The IO of the case did not submit report in C/W this case.

Heard Ld. APP is present.

The IO Is further directed to expedite investigation and to submit report.

Inform IO accordingly

Fix-01.07.2020 for report."

At this stage, the present petition has been moved by the petitioner Smt. Rama Bhattacharjee for exercising the inherent power of this Court under Section 482 of Cr.P.C.

The legal issue for consideration as pressed by learned P.P., is that according to him Rupa Bardhan was the registered owner of the vehicle till today for the reason that SREI Equipment Finance (P) Ltd Company had illegally taken over the possession of the vehicle from the custody of Rupa Bardhan. No due process of law was followed. As such, according to learned P.P., the auction sale by the Company was illegal and in consequent thereto, the purchase and possession of the said JCB vehicle by Smt. Rama Bhattacharjee, the petitioner herein is also illegal.

I have given my thoughtful consideration to the said submission of the learned P.P. According to this Court, when the vehicle was seized by SREI Equipment Finance (P) Ltd Company there is nothing in the record that Rupa Bardhan had at any point of time challenged such alleged illegal taking over of the custody of the vehicle by SREI Equipment Finance (P) Ltd. She preferred to remain silent. However, learned P.P., has drawn my attention at this juncture that she submitted a complaint under Consumer Protection Act before District Consumer Redressal Forum, West Tripura Agartala. But she did not try to prosecute the company for illegal lifting over of the vehicle from her custody. Smt. Rupa Bardhan had rightly approached the Consumer Protection Court because if there is illegality committed by the Company then, she is liable to be compensated by the Company but for that reason the petitioner herein should not suffer. According to learned P.P., Rupa Bardhan is the legal purchaser of the vehicle. Before auction sale the company had published auction notice and there is nothing in the record that Rupa Bardhan had challenged the said notice. Accordingly, in response to the notice, the petitioner herein had participated in the process of auction sale, she became the higher bidder and naturally on the payment of the bid money, the possession of the vehicle was handed over to the petitioner along with all the related papers of the vehicle. This matter was also informed to the State Transport Authority requesting them to remove the lien the company had created in favour of Rupa Bardhan.

I have considered the different orders passed by learned CJM on different dates and I have also given my conscious consideration to the submission of Mr. Majumder, learned counsel that the vehicle is kept under the heat of the sun and now incessant rain is going on. As such, according to me, justice would be rendered if I pass order to hand over the custody of the vehicle in favour of Smt. Rama Bhattacharjee as an interim measure till the next date only for the safety and security of the vehicle on receipt of the bond of Rs Rs.1,00,000/-(Rupees one lakh) with one surety of like amount to the satisfaction of the learned CJM, West Tripura, Agartala. It is further directed that Smt. Rama Bhattacharjee, the petitioner herein shall produce the vehicle before learned CJM as and when it will be called for.

In the meantime, issue notice calling upon the respondent No.2 to show cause as to why the vehicle will not be handed over to Smt. Rama Bhattacharjee, the petitioner herein.

Notice is made returnable on 11.06.2020.

Steps to be taken within two days.

List the matter on 11.06.2020.

A copy of the order be furnished to learned counsel for both the parties.