Final Order 1

Order Details: Order below Ex-1
Pdf Text: C. C. No. 202/N/2018
in C.R. No.310/2015 of Versova police station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY :
1. Perused application, say of I.O. and respondent No.2/registered
owner of the vehicle and documents on record. Applicant Reliance
General Insurance Company Limited through its A.L., Mr. Alpesh K.
Bhavsar, prayed for return of property and permission for sale of the
same i.e. Activa two wheeler bearing registration No. MH02DE
6699, Engine No. JF50E70400655, Chasis No. ME4JF501JD7401480
valued Rs.50,000/ which is seized in C.R No.310/2015 under seizure
panchanama by Versova Police Station.
2. The applicant company is indulged in the business of
providing motor insurance, Travel insurance, Goods Insurance, Home
Insurance etc. The respondent No.2 i.e. registered owner of the vehicle
had insured his vehicle i.e. Stocks of Activa i.e. aforesaid vehicle with
the applicant company Insurer. The said insured vehicle was stolen on
29th August 2015 from Marol Naka, Andheri(E) of House Parking. Then
the FIR was lodged in Versova Police Station, Mumbai vide FIR
No.310/2015. Thereafter, the Respondent No.2 made a claim for the
theft of his abovesaid vehicle to the applicant Insurer Company. The
applicant company after investigation of the claim and completion of
the claim proceeds passed the claim of the respondent No.2 and handed
over the claim amount to him. The Insured/respondent No.2 has issued
Indemnity Cum Declaration Undertaking in favour of applicant
company and by virtue of such payment, the InsurerApplicant
Company has been subrogated to all the Insured rights, remedies in
respect of the subject matter insured in accordance with the policy. The
..2/
-- 1 of 3 --
– 2 –
applicant company therefore has first charge over the vehicle seized by
Versova Police Station, Mumbai vide FIR No.310/2015.
2. Say of learned I.O. and respondent/registered owner of
the vehicle were called. They have no objection to return of the said
property and for permission to sale the said vehicle to the applicant.
Applicant has produced Affidavit, xerox copy of Certificate cum Policy
Schedule and R.C.Book, xerox copy of the claim form, xerox copy of
subrogation and Consent Letter, copy of the Indemnity, xerox copy of
authority letter and FIR on record. The said seized property is lying at
police station. It will take time for hearing of this case. Applicant is the
true claimant of the said property. So the property will be returned to
the applicant and he also allowed to sell the said vehicle at interim
stage, with the following condition, then no harm will be caused to
anybody. I, therefore, pass following order;
ORDER
1. The application is hereby allowed.
2. The concerned police station is hereby directed to hand
over the seized property i.e. Activa two wheeler bearing registration
No. MH02DE6699, Engine No. JF50E70400655, Chasis No.
ME4JF501JD7401480 valued Rs.50,000/ which is seized in C.R
No.310/2015 under seizure panchanama on his executing indemnity
bond of Rs.50,000/ (Rs. Fifty Thousand only) to applicant company
Reliance General Insurance Company Limited through its A.L., Mr.
Alpesh K. Bhavsar.
2. Prayer seeking permission to sale the Activa two wheeler
stands allowed.
..3/
-- 2 of 3 --
– 3 –
3. The concerned police officer is hereby directed to hand
over the said property to the applicant, after taking all the details i.e.
photographs, description, etc. which ever is necessary.
4. The concerned Police officer is hereby directed to take the
photographs of the aforesaid Activa two wheeler and to draw detail
panchanama of said vehicle and produced before the Court alongwith
chargesheet.
5. The applicant is hereby directed to obey the order of the
Court, whichever will be passed time to time.
6. In failure of this applicant is responsible for legal action.
Sd/
(A.I.Shaikh)
Metropolitan Magistrate,
Date : 26.02.2021 44th Court, Andheri, Mumbai
vnh
-- 3 of 3 --