MANGHARAM AND SONS Vs. R C MORZARIA

JUDGEMENT

(1.) Both these proceedings have arisen out of the same proceeding - Cr. No. 182/82 on the file of the Metropolitan Magistrate (III Court) Bangalore City.

(2.) That proceeding before the Magistrate arose out of two rival Claim Petitions, one filed by Morzaria (Petitioner in Cr. R.P.No. 204/83 and first respondent in Cr.R.P. 882/82 and the other by Mangharam and Sons (Petitioner in Cr. R.P. 882/82 and second respondent in the other Petition) requesting the Court to entrust to him the interim custody of the motor vehicle in question Truck (Goods Carrier) bearing No. MYA. 9123.

(3.) By the impugned order the Learned Magistrate has entrusted the vehicle to Morzaria on condition that he executes an indemnity bond in a sum of Rs. 2,00,000/- along with two local solvent sureties. Mangharam's Petition is directed against that order made in favour of Morzaria and rejecting his claim. Morzaria's Petition is against that part of the impugned order directing him to furnish a Bond to the extent referred to above with sureties on the ground that the security claimed is highly excessive.