IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7179 of 2008(D) ------------------------- PETITIONER: ------------ ICICI BANK LTD.(COMMERICIAL VEHICLES LOAN DIVISION) 3RD FLOOR,RAPG DIVISION PADMA JUNCTION,ERNAKULAM -35 REP. BY ITS POWER OF ATORNEY HOLDER AND COLLECTION MANAGER SHRI.MANOJ PANIKKAR. BY ADV. SRI.PRADEESH CHACKO RESPONDENTS: ------------- 1. REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE ALUVA, ERNAKULAM DT. 2. CHAIRMAN AND MANAGING DIRECTOR KERALA STATE CIVIL SUPPLIES CORPORATION ERNAKULAM. 3. THE SUPERINTENDENT OF POLICE CBI-SCB 3RD FLOOR, RAJAJI BHAVAN, BASANT NAGAR, CHENNAI-19. BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P. (C) No. 7179 of 2008 ------------------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT I have heard the learned counsel for the petitioner and respondents 1 to 3. The short prayer is that a direction identical to the direction issued in Ext.P8 order in favour of the petitioner therein may be issued in favour of the petitioner herein also. 2. The petitioner is a bank. Amounts were advanced by the said bank on the strength of hypothecation agreements to one P.P. Johnson. As he committed default in making payments, the said vehicles (6 in number) were seized by the petitioner. The C.B.I. had taken over the investigation into the offence relating to the alleged crime committed by the said P.P. Johnson in respect of the contract with the 2nd respondent herein. As per Ext.P2, directions issued by another Bench of W.P. (C) No. 7179 of 2008 -: 2 :- this Court under Ext.P3 was extended to the petitioner herein also. Investigation has thereafter been going on. 3. The learned Standing Counsel for the C.B.I. submits that investigation thus far conducted by the C.B.I. has not revealed the involvement of the vehicles in question in the crime investigated by the C.B.I. It is agreed that the identical directions as were issued in Ext.P8 can be issued to the 1st respondent as requested by the petitioner herein. 4. This writ petition is, in these circumstances, allowed. Identical direction as was issued in Ext.P8 is issued to the 1st respondent. The 1st respondent is directed to issue necessary clearance certificate in accordance with law without raising objections that the vehicles concerned are involved in the crime registered by the C.B.I. The learned Standing Counsel for the C.B.I. submits that the C.B.I. had earlier issued a notice/letter to the 1st respondent calling upon the 1st respondent not to issue such certificate. The C.B.I. has no objection now against the issue of the requisite certificate by the 1st respondent. The number of the vehicles, it is agreed at all hands, is - 5 EICHER W.P. (C) No. 7179 of 2008 -: 3 :- lorries bearing registration Nos.KL 7 AW 1207, KL 7 AW 1246, KL 7 AW 1208, KL 7 AW 1245 and a Benz lorry bearing registration No.KL AU 7730. 5. This writ petition is allowed and the above directions are issued. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge