1974 INSC 0340
                                        SUPREME COURT OF INDIA

                                                    State of Kerala

                                                           Vs.

                                         Motor and General Finance Ltd.

                             C.A.Nos.1638 and 1639 (N) and 1195-1196 of 1974

                                   (A. N. Ray, C.J.I. and N. L.Untwalia, JJ.)

                                                      28.10.1975

                                                   JUDGEMENT

UNTWALIA, J.:-

1. In our view these appeals should be disposed of in the manner stated below. Counsel for the
parties also agreed to this.

(1) The appellants are allowed to withdraw their respective appeals as prayed for by them.

(2) The direction given by the High Court in the writ appeals for filing fresh petitions before the
Tehsildar objecting to the attachment of the 31 chassis will have to be followed. Two petitions in
pursuance of the said direction, as stated at the Bar, have already been filed before the Tehsildar.
One of them has been disposed of by him and a revision before the Board is pending. On the
disposal of the other a revision may be filed before the Board. The Board shall try to dispose of the
revision petitions as soon as possible.

(3) Counsel for the State of Kerala submitted, and in our opinion, rightly that invoking the writ
jurisdiction of the High Court in the matter of attachment of the chassis is not the proper remedy.
The remedy available in law to the aggrieved party is one of instituting a suit in a proper court. The
aggrieved party, therefore, after the fresh disposal of the matter by the Tehsildar and the Board will,
if necessary, institute a suit or suits to establish its right or claim to the chassis or to the attachment
or sale thereof.

(4) The order of this Court dated 10-9-1974 passed in C.M.P. Nos. 5452-5453/74 directing M/s.
Motor and General Finance Ltd. - appellants in C. A. Nos. 1195-1196/74, to furnish bank guarantee
in the sum of Rs. 15 lakhs will have to be complied with. The bank guarantee in the sum of Rs. 10.5
lakhs already furnished with the District Collector, Ernakulam shall continue and a further bank
guarantee in the sum of Rs. 4.5 guarantee in the sum of Rs. 4.5 lakhs will be furnished with the
District Collector, Ernakulam within six weeks from today. The bank guarantees so furnished shall
be operative and remain in force till after six weeks of the fresh disposal of the attachment matter by
the Tehsildar and the Board as mentioned in clause 2.

(5) There will be no order as to costs.

         Order accordingly.