Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 632/N/2020
CNR No.MHMM180032652020
ORDER BELOW EXH1
1. Perused application, say of IO and APP. Heard both sides at
length.
2. The applicant Mohd. Qadir Sabahat Ali seeking interim
custody of the two wheeler vehicle Bajaj Pulsar motorcycle bearing
registration No. MH03BG9643 claiming that he is owner and in
urgent need of the same. He filed affidavit along the application
claiming that he has purchased said vehicle from Tanveer Shaikh, who
purchased the same from one Sattar Rasul Shaikh.
3. The applicant/accused has furnished his Aadhar card,
xerox copy of driving licence, delivery note of the seized vehicle from
Tanveer Shaikh to Qadir Shaikh and the verified copy of RC book.
4. The accused thereafter in consequence to the quaries of the
court filed affidavit cum NOC of the original owner Sattar Rasul Shaikh
and subsequent owner Tanveer Shaikh.
5. Perusal of the RC card it can be seen that the vehicle
registered in the year 2012. Nowhere it is mentioned either in the
application, affidavit or the affidavit cum NOC of the respective owners
of the vehicle as to when the vehicle has been sold to said Tanveer
Ismail Shaikh. It is also not mentioned that how the registration has not
been transferred in the name of Tanveer Shaikh.
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6. Not only this, the xerox copy of delivery note filed on
record shows that the said Tanveer Shaikh has transferred the delivery
to one Kadir Shaikh and not to the Mohd. Quadir Sabahat Ali i.e.
present applicant. The person who allegedly received the delivery of
vehicle from Tanveer is Kadir Shaikh and not Quadir Ali. This difference
of name is also not explained.
7. In any case, the motor vehicle cannot be transferred
without passing registration. Unless the said Tanveer got ownership, he
cannot sold the same to the applicant. Be that as it may, even if it is
presumed that the ownership has been transferred, unless lawful
passing of registration on its subsequent purchase, the vehicle cannot
ply on road as it carries liability upon the registered owner under Motor
Vehicles Act. In these circumstances, it is not proper to release the
vehicle unless the registration is transferred in the name of applicant
through Tanveer Shaikh. Therefore, the application stands rejected.
Date: 14.12.2020 (Sudhir N. Shinde),
Ssl. Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai
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