- (1.) Heard the learned counsel appearing for both parties.
(2.) This is the petition filed by these two petitioners with the basic prayer, "C) To issue direction against the respondents to release the confiscated vehicle of the HGV-TIPPER bearing registration No. MH-44/ 7988, Chassis No. MAT 448117D2B01451, Engine No. BS91803231B6331195 by issuing writ of mandamus and / or any other appropriate writ, order or direction, as the case may be, in the interest of justice."
(3.) It would be necessary to refer to certain facts. The petitioner No.1 is the registered owner of the vehicle i.e. one HGV-TIPPER carrying the registration No. MH-44-7988. The petitioner No.1 by obtaining loan from finance company namely Tata Motors Finance, purchased the vehicle. The vehicle is registered with one insurance company Royal Sundaram General Insurance Company. Though it is stated that the petitioner No.2 Mr. Madan Devidas Chavan is now plying the vehicle and there is some agreement between the parties about purchase of the vehicle and the copy of the document is placed on record at Exhibit 'A'. In view of the fact that the vehicle stands in the name of petitioner No.1 and in view of the fact that even the said document Exhibit 'A' states that, certain financial burden of payment of the installments is to be borne by the petitioner No.2 and after clearing of those dues, the necessary steps would be taken for change of owner submitting it to the transport authorities, as such we are not inclined to consider any grievance of petitioner No.2 and we are concentrating only on the grievance of petitioner No.1.;