IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.781 of 2007 DEEP NARAIN RAI Versus THE STATE OF BIHAR & ORS ----------- 8 28.1.2009 Heard the learned counsel for the petitioner and the respondents. In the instant writ application the petitioner prays for setting aside order dated 11.4.2007 passed in Bibhutipur P.S.Case No.51/06 whereby and whereunder the petition dated 29.3.2007 filed by the petitioner to release his truck in question in his favour bearing Registration No.J.H.12A/0665 has been rejected vide Annexure-8. The petitioner submits that he had purchased a truck on higher purchase basis and claims to have deposited a sum of Rs.3,14,544/- till 22.2.2003. He submits that on that date a sum of Rs.16,000/- and odd was still pending against the petitioner.The learned counsel further submits that thereafter his truck was seized and as such he did not make any payment. He further submits that the respondent sold the truck to one Jag Narain Singh cunningly.. The learned counsel for the respondents submits that earlier the petitioner had been defaulter in paying instalments. Inspite of that the truck was released in his favour.However when the petitioner defaulted in making payment of instalment, the truck was seized in terms of agreement, and was transferred in the name of aforesaid Jag Narain Singh. It is submitted that the matter can be resorted 2 before an arbitrator, where claim of both parties can be decided aptly. The learned Magistrate rejected the claim of the petitioner as investigation is still pending. It would be open to the petitioner to move again after investigation is over if so advised or can choose any other forum for redressal of his grievance. With the aforesaid observations and direction this writ application is disposed of. Anilksinha (Samarendra Pratap Singh,J.)