1 Criminal Writ Petition No.891/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.891 OF 2010 Lahanu s/o Genu Pawar, Age 65 years, Occ. Retired, R/o 74, N-8, Cidco, Aurangabad ... PETITIONER VERSUS 1. The State of Maharashtra, (Copy to be served on Public Prosecutor, High Court of Bombay, Bench at Aurangabad) 2. H.D.F.C. Bank Ltd., A registered Company having its Registered Office at H.D.F.C. Bank House, Senapati Bapat Marg, Lower Parel, Mumbai and having its Branch Office at ABC Complex, Opp. District Court, Adalat Road, Aurangabad, through its Authorised Signatory Shri Sunil s/o Prabhakar Kumthekar, Age 28 years, Occ. Service, R/o ABC Complex, Opp. District Court, Adalat Road, Aurangabad. ... RESPONDENTS ..... Shri A.G. Magare, Advocate for the petitioners Shri V.H. Dighe, A.P.P. for respondent No.1. ..... 2 Criminal Writ Petition No.891/2010 CORAM : K.U. CHANDIWAL, J. DATE : 8th February, 2011. ORAL JUDGMENT : 1. Heard. Rule made returnable forthwith. With the consent of learned counsel for the parties, taken up for final hearing at admission stage. 2. This matter was heard extensively on 11.1.2011. However, to ensure production of original documents from R.T.O., concerning the vehicle, time was sought and today certain papers are produced by the learned counsel for the petitioner. 3. The petitioner claims to be owner and possessor of the Indica Car bearing No.MH-20/AY-1536, allegedly purchased by him on 26.12.2007 for a consideration of Rs.3,21,787/-. He has purchased this Car from one Mushtaq Jamshed Pathan, residing at Times Colony, Aurangabad though it was in the name of registered owner Chandrakant Dayaram Khandekar. The petitioner was consciously made aware that the vehicle had lien of H.D.F.C. Bank as there was a loan for purchase of said vehicle. 4. The petitioner claims that, he has purchased the vehicle 3 Criminal Writ Petition No.891/2010 since he was represented that H.D.F.C. Bank’s lien is taken care of by repaying the amount and consequently, he got the vehicle transferred in his name. 5. It is explicit from the application itself that petitioner, as a purchaser, was consciously alive to the lien of H.D.F.C. Bank. As prudent purchaser, it was expected of him to verify the documents. He did not take proper care to ascertain as to whether the vehicle was owned by Mushtaq Pathan as was canvassed. The record produced by the petitioner Lahanu indeed creates doubt. Even if the petitioner is said to have been deceived by either Mushtaq Pathan or Chandrakant Khandekar, however, for that purpose, H.D.F.C. Bank cannot be held responsible. H.D.F.C. Bank has its lien. The vehicle was under its hypothecation and in terms of the Hire Purchase Act, the H.D.F.C. Bank for all purposes shall be deemed to be owner of the vehicle. This position of law has not been understood by the petitioner while entering into purchase of the vehicle. The learned Sessions Judge was justified in rejecting the application seeking custody of the vehicle by present petitioner and allowing Bank’s application No.134/2009 seeking restoration of the vehicle as the installments remained unpaid and it was the prerogative of the H.D.F.C. Bank to execute by either sale or otherwise with the vehicle. The custody as was directed by learned Sessions Judge at 4 Criminal Writ Petition No.891/2010 Aurangabad on 3.9.2010 in favour of H.D.F.C. Bank cannot be said to be erroneous or illegal. 6. The production of R.T.O. record, saying that the transfer of ownership is effected on 26.12.2007 along with cancellation of H.P.A. is illusion in itself. There is nothing to demonstrate, there was cancellation of agreement of H.D.F.C. Bank or termination of lien. The slumber and blunder that the petitioner has committed will have to be faced by him. He has his other remedies against the above two persons. However, H.D.F.C. Bank for that purpose cannot be held responsible. Writ Petition lacks merits, dismissed. Rule discharged. The H.D.F.C. Bank is at liberty to take charge of the vehicle from the petitioner. K.U. CHANDIWAL JUDGE