Bombay High Court Ruling on Interim Custody of Vehicles
The Bombay High Court has ruled that forgery of documents is not a relevant factor when deciding interim custody of a vehicle in cases of loan default.
The Court's primary considerations for granting interim custody are whether the applicant is the owner and whether the vehicle was seized from their possession.
- The case involved a petition filed by AU Small Finance Bank Limited against concurrent orders passed by the Judicial Magistrate First Class, Amravati, and the Additional Sessions Judge, Amravati.
- The Bank alleged that the vehicle was fraudulently transferred using forged documents, including a fabricated No Objection Certificate (NOC) and Form 35.
The Court observed that issues relating to forgery of documents cannot be examined at the stage of deciding the interim custody of a vehicle.
Author's summary: Court rules forgery is irrelevant in interim vehicle custody cases.
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