Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE'S
53rd COURT, MULUND, MUMBAI.
CASE NO. 106/N/2020
Vipul Uday Patil … Applicant
V/s.
State of Maharashtra (Through P. S. Kanjurmarg) … Respondent
ORDER PASSED ON EX.1
1. This is an application for return of property. The core of
application is that, aforesaid applicant is owner of property i.e. motor
bike Activa4G bearing no.MH03cu1415 having chasis
No.ME4JF507KHU621554 & engine no.JF50EU5621606 which was
came to be stolen and at present it is lying with police station.
2. The say of Ld.APP and I.O. is called upon this application.
Accordingly I.O. gave no objection for return of property i.e. motor bike
Activa4G bearing no.MH03cu1415 having chasis
No.ME4JF507KHU621554 & engine no.JF50EU5621606 whereas Ld.
APP failed to file his say.
3. The applicant has filed copies of R.C. Book, Insurance
certificate and FIR in support of his application. Hence, from material
on record it appears that, applicant is the sole person claiming custody
of vehicle and appears to be the owner of property. In such
circumstances, no proper ground to reject the application. Accordingly,
application needs to be allowed. Hence, I proceed to pass following
order.
O R D E R
1) Property i.e. motor bike Activa4G bearing no.MH03cu1415
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having chasis No.ME4JF507KHU621554 & engine no.JF50EU5621606
be handed over to the applicant Vipul Uday Patil on executing
indemnity bond of Rs.90,000/ (Rupees Ninety Thousands Only).
2) Applicant is directed to execute indemnity bond before police.
3) Property i.e. motor bike Activa4G bearing no.MH03cu1415
having chasis No.ME4JF507KHU621554 & engine no.JF50EU5621606
is returned on conditions that applicant shall not alienate, transfer,
disposeoff or change the nature of property till disposal of case and
produce the same before Court or police station whenever called for
trial.
Date : 28.08.2020 (S. A. Bajaj)
Metropolitan Magistrate,
53rd Court, Mulund, Mumbai.
Vvm/
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