AJMANI LEASING AND FINANCE LTD Vs. STATE O

JUDGEMENT

(1.) BHANWAR Singh, J. Heard and perused the impugned orders dated 22. 6. 2002 and 2. 7. 2002, passed by the IVth Additional Chief Judicial Magistrate, Lucknow.

(2.) THE revisionist's case is that it had financed on request of the opposite party No. 2 Munna a three wheeler tempo. Unfortunately, the said tempo met with an accident. In the accident case, the police of the police station Sahadatganj, Lucknow seized the vehicle. THE opposite party No. 2 Munna authorized the revisionist to get the vehicle released in favour of the company as he was neither able to make repayment of the instalment nor able to proceed with the litigation pertaining to the accident civil or criminal. THE Court of IVth Additional Chief Judicial Magistrate, Lucknow rejected the revisionist's application on the ground that the company was not a registered owner, instead the vehicle was registered in the name of Munna as its owner.

(3.) THE attention of learned IVth Additional Chief Judicial Magistrate, Lucknow is drawn towards all these citations with a direction that the revisionist's application for interim custody of the vehicle shall be decided afresh on the basis of its allegations and the principle of law laid down in the citations referred to above. With this direction and observations, the impugned orders dated 22. 6. 2002 and 2. 7. 2002 are, therefore, quashed.