1 car, 2 owners and a 10 year long legal battle for its possession | Ahmedabad News

AHMEDABAD: Two people had been fighting over possession of a car for over a decade. Now, Gujarat HC has decided that the person who paid for the vehicle will retain possession of it, not the one who is the registered owner.
This case comes from Rajkot where in 2012 a Siddharth Kaul contacted two car brokers who charged him Rs 13.29 lakh to car dealership Koncept Automobile Pvt Ltd for an SUV, a Mahindra XUV 500. Kaul transferred the money to the dealer via RTGS and requested delivery of the car. However, the car promised to Kaul by the two brokers turned out to be registered in the name of Sandip Miyatra. Meanwhile, a third car broker, Amit Kumar, has reserved the vehicle and billed it on Miyatra’s behalf. The car was delivered to Miyatra.
Kaul filed an FIR against the two brokers and Koncept Automobile for cheating. The police seized the car, for which Miyatra and Kaul went to court to obtain provisional possession. While Kaul argued that he paid the money via RTGS and was the rightful owner of the car, Miyatra claimed that he was the registered owner of the vehicle and paid Rs 14 lakh to the dealer and that should be returned to him. The Magistrate Court gave the car to Miyatra.
Siddharth Kaul went to magistrate court, asserting his right to the car. Although Miyatra claimed to have taken out a loan to make payment for the car, he was unable to show proof of payment. However, he repeated that the registration of the car was in his name. The court of sessions ordered that the car be given to Kaul because he had paid the money. Miyatra went to the high court against the court of sessions decision. The HC dismissed the case, but the Court of Sessions again ruled in favor of Kaul.
Miyatra again moved the high court. Judge Nikhil Kariel dismissed Miyatra’s claim for possession with the observation that the mere fact of the RTO registration he could retain possession of the vehicle is not a strong argument.
While the HC denied Miyatra’s claim for provisional possession of the car, the trial has yet to begin on Kaul’s complaint of cheating against the two brokers and the dealership for not registering the vehicle in his name. even after making the payment.

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