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1980 Supreme(SC) 77

O.CHHINNAPPA REDDY, R.S.SARKARIA
Inter Continental Agencies Private LTD. – Appellant
Versus
Amin Chand Khanna – Respondent


JUDGMENT

CHINNAPPA REDDY, J. :— On a complaint of theft made by the appellant, Inter Continental Agencies Pvt. Ltd., against Ranjit Singh and others, three buses bearing registration numbers PNA-4581, PNA-4801 and PNA-6061 were seized by the police and, apparently, produced before the Judicial Magistrate, 1st Class, Amritsar. The appellant as well as the accused sought release of the buses in their favour. On October 7, 1966, the learned Magistrate made an order in the following terms :

"Both the parties agree that Shri Amin Chand be appointed as interim Receiver to ply the buses if possible".

It appears that Shri Amin Chand Khanna was Official Receiver at the time when the order was made. Within a couple of months he was succeeded by Shri Anant Menon as Official Receiver. There-upon the learned Magistrate, on December 22, 1966, made the following order :

"Shri Menon present in court today has been asked to take over the charge of the buses from Shri A. C. Khanna. Shri Menon has also been asked to get the three buses mechanically tested and checked up in the presence of the parties. The expenses will be deducted from the income".

This order was made at the instance of Shri A. C. Khanna




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