Umesh Kamath vs State Of Kerala on 17 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4203 of 2008()


1. UMESH KAMATH, S/O.MURALEEDHARA KAMATH
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT SUPERINTENDENT OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. SREI INFRACTURE FINANCE LTD.,

                For Petitioner  :SRI.D.KISHORE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :17/11/2008

 O R D E R
                         R. BASANT, J.
           -------------------------------------------------
                 Crl.M.C. No. 4203 of 2008
           -------------------------------------------------
        Dated this the 17th day of November, 2008

                              ORDER

The petitioner has come to this Court apprehending that

his vehicle may be seized contrary to the provisions of law

without getting any orders from the appropriate forum. The

4th respondent from whom the apprehended action is expected

has filed a statement in which in para-3 the following

unequivocal submission/undertaking is made:

“3. It is once again submitted that

the 4th respondent will not seize the

Excavator unless it obtains appropriate

order from the appropriate forum. The

petitioner is therefore not entitled to any

reliefs in the above Crl.M.C. which is filed

without any bona fides. The petitioner is

liable to be directed to pay off the entire

arrears of instalments during the pendency

of the case.”

Crl.M.C. No. 4203 of 2008 -: 2 :-

2. I accept the same. The learned counsel for the

petitioner submits that in the light of the unequivocal

undertaking, he does not press for any further relief in this

Crl.M.C. Request accepted. This Crl.M.C. is dismissed

accepting the undertaking extracted above.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge