Sitaram Vishnu Khoje v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 83 WRIT PETITION NO.2700 OF 2020 SITARAM VISHNU KHOJE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.A.B. Kharosekar AGP for Respondents/State : Mr.K.N.Lokhande ...

CORAM : S.V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 12/03/2020.

PER COURT :- 1.

The learned Counsel for the petitioner submits that vehicle of the petitioner is seized by the police. F.I.R. was lodged. The petitioner had filed an application before the J.M.F.C. for release of the vehicle. The application is allowed and vehicle is directed to be released. Still the vehicle is not released by the revenue authorities. The fine and penalty is also imposed upon the vehicle.

2.

We have heard the learned A.G.P. also.

3.

The order passed by the J.M.F.C. directing

release of the vehicle on certain conditions. 4.

In addition to the conditions imposed by the J.M.F.C. directing to release of the vehicle, the petitioner shall also comply with the following conditions.

i] The petitioner shall deposit an amount of Rs.1,00,000/- with the respondent.

The said deposit shall be without prejudice to the rights and contentions of the parties. ii] The respondents are entitled to get the bond executed from the petitioner to their satisfaction.

iii] The respondent shall verify the genuineness of the documents and the ownership of the petitioner prior to release of the vehicle.

iii] In case the petitioner does not file an appeal within 30 days, the respondents are

entitled to recover amount so also repossess the vehicle.

iv] In view of the above, writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE SSTare