Punjab-Haryana High Court
M/S Manappuram Finance Limited vs State Of Haryana on 29 August, 2022
Author: Pankaj Jain
Bench: Pankaj Jain
POOJA SHARMA 2022.08.31 22:02 226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.373 of 2019 (O&M) Date of decision : 29.08.2022 M/s Manappuram Finance Ltd. aa. Petitioner versus StateofHaryana ee Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN Kee Present :- Mr. Harish Sharma, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana. Kee PANKAJ JAIN, J. (ORAL)
This revision petition is directed against the order dated 23.07.2018 passed by the Trial Court wherein the following condition was imposed while releasing the property which happened to be case property in FIR No.97 dated 09.02.2017 registered under Sections 395, 397, 412, 201, 120-B IPC and Section 25 of the Arms Act at Police Station Civil Line, Gurugram. :-
"Hence, application under reference is, hereby, allowed and superdar is permitted to hand over these articles to their respective owners as per details incorporated in the inventory and these &24 owners would keep these articles without any change or modification therein and will produce them before the court as and when called by the court in the event of any necessity for their production before the court and superdar has to hand over these articles to such persons against proper receipt and identification on usual terms and conditions of superdari."
| attest to the accuracy and integrity of this document POOJA SHARMA 2022.08.31 22:02 CRR No.373 of 2019 (O&M) -2- Counsel for the petitioner contends that infact the petitioner is a non-banking Financial Institution licensed by Reserve Bank of India to advance loan against Gold. Keeping in view the nature of the business customers deposit gold in shape of ornaments/articles with the petitioner to avail loan. There was a robbery at the premises of the petitioner and the gold weighing around 33 kg along with cash amount of Rs.7,80,000/- was taken away by the robbers. The said gold jewelry was later on recovered. The petitioner applied before the Trial Court for the release of the same on Superdari.
The Trial Court vide order dated 23.07.2018 though allowed the release of the same on Superdari but subject to the condition as stated herein above. It is the condition that the petitioner is aggrieved of. Contention is that the customers cannot be put to the condition of not changing or modifying their property. Reliance is being placed on order passed by the Coordinate Bench in CRR No.2368 of 2016, titled as M/s Manappuram Finance Limited decided on 26.10.2016, wherein it was held as under :-
"After hearing learned counsel for the parties, this petition is allowed. The orders impugned herein are modified to the extent that the gold articles weighing 15 kg and 242.8 gms and cash amount of Rs.4,02,500/-, which are being released to the petitioner can be photographed in the presence of the Investigating Officer and these photographs can be used as a secondary evidence during the trial. The condition that the shape/colour of the gold articles will not be changed is deleted. A further direction is issued to the concerned Court to pass appropriate orders with regard to bank guarantee instead of surety within a period of two weeks from the date a certified copy of this order is received."
| attest to the accuracy and integrity of this document CRR No.373 of 2019 (O&M) -3- Learned State counsel is not in a position to deny the dictum of law as laid down in CRR No.2368 of 2016 (supra).
Consequently, the present petition is allowed. The condition imposed to the extent as mentioned above is ordered to be deleted. The operative part of the Trial Court order shall read as under :-
"Hence, application under reference is, hereby, allowed and superdar is permitted to hand over these articles to their respective owners as per details incorporated in the inventory and will produce photographs of the same before the court as and when called by the court in the event of anv necessity for their production before the court and superdar has to hand aver these articles to such persons against proper receipt and identification on usual terms and conditions of superdari."
( PANKAJ JAIN ) JUDGE 29.08.2022 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2022.08.31 22:02 | attest to the accuracy and integrity of this document