Madras High CourtWP(MD)/18542/2021dismissed

Karthick v. The Superintendent Of Police

2022-03-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P(MD)No.18542 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.18542 of 2021 Karthick ... Petitioner Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Srivaigundam, Thoothukudi District.

3.M.Ramesh 4.Vel Pandi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 to hand over the vehicle Bajaj Maxima Auto bearing No.TN-92-D-5023 colour golden yellow to the petitioner on behalf of Bajaj Finance Company as per the order passed by the sole arbitrator in IA.No.85162/2020-2021 in ARB No.85162/2020-2021, dated 22.03.2021 based on the representation, dated 14.08.2021. For Petitioner : Mr.A.Joseph Jerry For RR 1 & 2 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to hand over the vehicle Bajaj Maxima Auto bearing No.TN-92-D-5023 colour golden yellow to the petitioner on behalf of Bajaj Finance Company as per the order passed by the sole arbitrator in IA.No.85162/2020-2021 in ARB No.85162/2020-2021, dated 22.03.2021 based on the representation, dated 14.08.2021.

2.The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that based on the complaint lodged by the petitioner, dated 14.08.2021, the second respondent enquired the matter and it revealed that the petitioner's vehicle Bajaj Maxima Auto bearing No.TN-92-D-5023 was purchased through Bajaj Finance Company and the petitioner has defaulted in payment of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.18542 of 2021 Rs.4,37,350/-. Therefore, arbitration proceeding has been initiated and the Finance Company, namely, Bajaj Finance Company, has been permitted to take the physical possession of the vehicle and the vehicle is now in possession of the Finance Company. 3.In view of the above submission, the Writ Petition is devoid of merits and the same is dismissed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Srivaigundam, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P(MD)No.18542 of 2021 24.03.2022 RD(04.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2