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Judgment
In the above captioned petitions, the challenge is to the concurrent findings returned by the courts below regarding release of five vehicles in question on superdari to the respondent-financer of the vehicles, as the case put-forth is that 'No Objection Certificate' (NOC) of vehicles in question are forged and these vehicles have been sold by respondents-Monika, Krishan Raj and Santosh Kumar Rai to petitioners herein.
With the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common order.
Learned counsel for the petitioners assails the revisional order of 13th September, 2017 on the ground that Supreme Court in Rajendra Prasad vs. State of Bihar & Anr. (2001) 10 SCC 88 has clarified that the vehicles on superdari are required to be released to the ostensible name holder in the registration certificate and the vehicles are not to be kept idle.
Counsel for respondent-financer submits that reliance placed upon Supreme Court's decision of Rajendra Prasad (supra) is of no avail, as the registration of the vehicles in question has been transferred in the name of petitioners on the basis of forged NOC. So, it is submitted that these petitions deserve to be dismissed.
Upon hearing and on perusal of the impugned order, status report, material on record and the decision cited, I find that Supreme Court's decision in Rajendra Prasad (supra) is of no assistance to the case of petitioners, as in the instant case, NOC's, on the basis of which vehicle in question have been transferred in the name of petitioners, have been found to be forged, as per FSL report of July, 2018. In such a situation, the courts below have aptly held that the vehicles in question are to be released on superdari to the respondent-financer. Finding no palpable error in the impugned orders, both these petitions are dismissed while not expressing any opinion on merits of the case.
The above captioned two petitions are accordingly disposed of.