IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 21904 of 2002(G) ----------------------- PETITIONER: ------------ HEERA FINANCIAL SERVICES LIMITED, PARSN MANERE, FLAT NO.1, `A' WING, 7TH FLOOR, 602 ANNA SALAI, CHENNAI-600 006, REPRESENTED BY THE POWER OF ATTORNEY HOLDER S.ANANTHARAJ, S/O. SORNABADRA NAINAR, PARSN MANERE, FLAT NO.1, 7TH FLOOR, 602 ANNA SALAI-600 006. BY ADV. SRI.E.R.VENKATESWARAN RESPONDENTS: ------------- 1. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 2. MR.SHEJEEB, PALLIVEEDU HOUSE, NEAR POPULAR SAW MILL, ERUMELY POST, KOTTAYAM DISTRICT. BY SRI.K.V.MANOJKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.21904/2002 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE HIRE PURCHASE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE SECOND RESPONDENT DT. 1.9.1999. EXT.P2 : TRUE COPY OF THE FIRST INFORMATION REPORT PREPARED BY THE SUB INSPECTOR OF POLICE, ERATTUPETTA DT. 27.1.2001. EXT.P3 : TRUE COPY OF THE ORDER IN CRL.M.C.NO.1604/2002 DT. 25.2.2002 OF THIS HONOURABLE COURT. EXT.P4 : TRUE COPY OF THE PETITION FILED BEFORE THE FIRST RESPONDENT DT. 27.6.2002. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.21904 of 2002 ---------------------------------------------- Dated 22nd February, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ of mandamus or other appropriate writ order or direction directing the first respondent to release Mahindra Jeep 1999 Model bearing registration No.KL-5G 1958 to the petitioner on executing a bond to produce the same before the adjudicating authority as and when required.” By order dated 2.8.2002 in C.M.P.No.37604/02, the vehicle was directed to be released on the petitioner furnishing the bank guarantee. There will be a direction to the first respondent/competent authority to finalise the proceedings, if not already finalised within four months from the date of production of a copy of the judgment by the petitioner. The fate of the interim order will depend on the action thus taken by the first respondent. The writ petition is disposed of as above. C.M.P.No.37604/02 : Closed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.21904 of 2002 ---------------------------------------------- J U D G M E N T Dated 22nd February, 2008.