M.Y.EQBAL, J. - (1.) HEARD Mr. P.K. Bhowmik, learned Counsel for the petitioner and Mr. A. Sen, learned Counsel for the respondent No. 5.
(2.) IN this writ application the petitioner has prayed for issuance of appropriate writ directing the respondents to release the vehicle bearing No. BR -16 G -2989 which has allegedly been seized by the police officials of Sakchi Police Station. The petitioners case is that the vehicle in question was purchased by the petitioner from Ashok Leyland Ltd. after getting it financed from M/s. Ashok Leyland Finance India Ltd. through its Jamshedpur Branch. The petitioner entered into an agreement with the Ashok Leyland Finance Ltd. and in terms whereof the petitioner was depositing instalments. It is alleged that the Financier forcefully snatched away all the papers from the custody of the driver of the vehicle and also filed a criminal case in the Court of Judicial Magistrate, Jamshedpur. In the meantime, the vehicle was seized by the police and is lying within the camsus of Sakchi police station.
(3.) A counter -affidavit has been filed by the respondent No. 5, namely, M/s. Ashok Leyland Finance India Ltd., Jamshedpur (in short "the financier"), stating, inter alia, that the vehicle was purchased by the petitioner put of loan advanced by it and hire -purchase agreement was entered into between the par -ties on 16.9.1997. The petitioner failed to pay the instalments due in time despite repeated requests and reminders. It is stated that the petitioner got a frivolous complaint case filed through the driver. In the, meantime, the vehicle was seized on 26.12.1999 by the agent of the receiver in terms of the order passed by the City Civil Court, Calcutta in Case No. 8224/99 and parked it in the campus of Sakchi police station. A copy of the order, dated 26.11.1999 passed by the City Civil Court has been annexed as Annexure F to the counter - affidavit.;