Permission to sell vehicle involved in accident
RAJAGOPALAN NAIR
(Querist) 08 January 2014
This query is : Resolved
The driver of a Company gave the Company's Car to his brother-in-law for driving. The brother-in-law hit the car on a bike. The rider of the bike died.
A case was registered by the Police since 2006 and pending in the Magistrate Court. The case is between the Police and the Driver who drove the car at that time.
No case is registered against the Company even though the car belongs to the Company.
Now the Company wanted to sell the vehicle and RTO demanded No Objection from the Court.
Pl. advise how to go about it. Can I file a simple application in the court asking for permission to sell the car? What is the normal procedure in such case and this is coming under what section?
Thanks & Regards,
Dr J C Vashista
(Expert) 08 January 2014
If the accident involved car has been released on indemnity/superdari the court cannot grant such permission to dispose of case property before completion of trial
Advocate. Arunagiri
(Expert) 08 January 2014
The court will not permit you to sell the car. You can try your luck.
Rajendra K Goyal
(Expert) 08 January 2014
You may try through prayer to the court, generally permission not given for vehicle on indemnity / superdari
T. Kalaiselvan, Advocate
(Expert) 12 January 2014
If the car is shown as court property in the criminal case, until the case is disposed the vehicle may not be disposed, if it is a case before MACT you may proceed with the formalities accordingly.
