Bengaluru: Vehicle thefts are the most common offence across the globe. Here, in a peculiar case before the courts, two men claimed ownership of the same luxury car. One of them claimed that it was ‘clandestinely’ snatched from him, while the other said he bought it after paying Rs 21.5 lakh.
Both Naveen and Praveen (names changed) filed cases against each other claiming ownership of the car. It is alleged that Naveen clandestinely purchased the car, knowing full well that Praveen had already bought it for Rs 21,50,000. It forced Praveen to file a complaint before the Vijayanagar police, who seized the car from Naveen.
While the proceedings were on, the Transport Authority suspended the order of changing the vehicle ownership to Naveen’s name in the Registration Certificate. Subsequently, on the request of Praveen, it was changed to his name.
Under peculiar circumstances of the case, the Trial Court and the Revisional Court concluded that Praveen, who was the RC holder, was entitled to the interim custody of the car.
“To avoid future complexity and the decision yet to be taken as to who is the exact owner of the car at the time of considering the interim prayer, it is just and wise to release the vehicle in favour of Praveen in whose name registration certificate actually stands. Otherwise, it will cause repercussions subsequently if it is released in the name of the person whose name does not find place in the registration certificate,” the court said.
“I do not find any strong reason to interfere with the order passed by the learned Magistrate and the Revisional Court. Further, added to that, if there is any dispute with regard to the ownership, that has to be thrashed out during the full-fledged trial. If Naveen is able to show that he is the absolute owner of the property i.e. the car and if the court comes to the conclusion that he is entitled to the custody of the car after disposal of the case, the court has to pass appropriate orders,” the HC observes in its order.
Dismissing Naveen’s petition challenging the order of the lower courts, the HC said that he is at liberty to seek appropriate orders after the trial is conducted. He also has other forums for seeking cancellation of RC in the name of Praveen. If he succeeds, he can also make appropriate application to the court, it added.
