Hon'ble Mr. Sudip Niyogi, President
Order No.34, dated 15-01-2020
Today is fixed for passing necessary order.
Both parties file hazirah.
Heard both sides on the application dated 15.11.2018 praying for an interim order for return of the vehicle. Perused the application and written objection.
From the contentions of the petitioner, it is found that her husband had purchased one “Omni bus” for earning his livelihood in the year 2015 by taking a loan from Mahindra and Mahindra Finance. During subsistence of that loan, her husband had expired. It is alleged that the said vehicle developed some problem and it was taken to Cooch Behar Dharmatala Garage, from where the staff of OP No.2 forcibly took possession of that vehicle from his Driver on 17.01.18. So, the petitioner by filing this application prays for return of the vehicle.
It is found that this case was started on 13.08.18 i.e. long after the said alleged incident of taking over the vehicle by OP No.2. During hearing, it was submitted on behalf of the OP No.2 that the said vehicle was not lying with them. However, considering the facts and circumstances of the case, we are not in view to pass any interim order as prayed for.
Hence, the petition dated 15.11.18 is rejected on contest without cost and MA Case No.4/18 be and the same is disposed of accordingly.
The copy of the order is also available at www.confonet.nic.in.
