Proceedure to take delivery of property allowed by court
Prasun
(Querist) 08 January 2018
This query is : Open
In a private complaint, the properties of accused were seized by Police and thereafter handed over to complainant as per Magistrate Court Order against Bond. Accused challenged the order in Sessions Court and court ordered handing over some of the properties to accused against Bond. Complainant challenged Sessions Court Order in Bombay High Court in 2004 and it is only after 12 years Bombay High Court dismissed complainant's petition. However accused only came to know about this dismissal of petition in 2017 , one year after the order passed by Bombay High Court. But complainant knowing the dismissal (as his advocates were present during pronouncement of judgement) did not returned the disallowed properties to Police and police took no action and remained silent. Now, shall remain grateful if advise is provided on the following.
1) Whether complainant can be punished due to non adherance of court order and how
2) What formalities the accused need to do do obtain possession of the properties from Police as Bombay High Court dismissed the complainant's petition which means that the property ordered by sessions court for handing over to accused stands for execution.
3) Draft format of Bond which accused need to submit to receive possession of property, on what value of stamp paper and to whom the Bond is to be submitted.
Vijay Raj Mahajan
(Expert) 09 January 2018
Engage a local lawyer for the handing over formalities of the property by executing bond etc as per the procedures applicable in the State where the property exists and order made.
The certified copies of all court orders should be obtained as these will be required to be attached or shown to police at the time of executing required bond formalities.
P. Venu
(Expert) 09 January 2018
The facts posted are less than convincing!
Prasun
(Querist) 09 January 2018
Mr. Venu,
With due respect, kindly advise in which way the facts posted are less than convincing. The truth has been stated.
Prasun
(Querist) 09 January 2018
Mr Venu,
Is writing a truth is less convincing ? May be not being a legal person, language is not legal but written in simple words.
