Hdb Financial Services Limited vs State of U.P. and 2 Others

The petitioner by means of the present writ petition has prayed for a direction to the respondent no.2/3 to issue a fresh registration certificate in favour of the petitioner's Company expeditiously.

¶13

The brief facts of the case are that the petitioner is a Finance Company and has financed to one customer Om Prakash for vehicle through agreement no.8768538 of Rs.17,57,908.19/- in the loan account no.8768538 and total tenure of the EMI 62, each EMI Rs.33,933/-. The due date of the installment was to start from 15.10.2019 and end of the installment was 15.11.2024, but the customer failed to pay the installment of the EMI on due date. Thereafter, the petitioner finance Finance Company gave notice for loan of commercial vehicle regarding the aforesaid account number on 20.02.2023. Thereafter, again the petitioner Finance Company on mercy ground financed Rs.2,68,301/- on 28.08.2021 to the said customer which was to be paid in 48 installment end of the installment on 04.03.2025, but again the customer did not pay the installment on due time and again defaulted the EMI of the installment, against which the petitioner Finance Company gave notice to the customer, but when the customer did not pay the amount, the petitioner Finance Company gave a legal notice to the customer on 17.02.2024.

¶14

The further case of the petitioner is that when the customer failed to pay the EMI after legal notice, petitioner took the possession of the said vehicle and also gave a post possession intimation to the police station. After taking no objection from the customer Om Prakash on 28.08.2022, it requested the R.T.O. that hypothecation endorsement under the aforesaid agreement

¶15

WRIA No. 1987 of 2025

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2

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between the petitioner Finance Company and the customer Om Prakash may be cancelled and issue a fresh certificate of registration of the vehicle in the name of the petitioner Finance Company.

¶18

The grievance of the petitioner is that since the Form-36 is also pending before the R.T.O. for issuance of a fresh registration certificate in the name of the petitioner's Finance Company, yet no action has yet been taken by the R.T.O. for issuance of the fresh registration certificate.

¶19

Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.3.

¶20

Accordingly, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed off permitting the petitioner to submit a fresh representation before the respondent no.3-Assistant Regional Transport Officer, Region Budaun, District Budaun along with a certified copy of this order within a period of one month from today. In case any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same by a reasoned and speaking order preferably within a period of two months after giving due notice and opportunity of hearing to the petitioner and respondent no.4.

¶21

November 18, 2025 NS

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(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

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Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad

Hdb Financial Services Limited v. State of U.P. and 2 Others

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Hdb Financial Services Limited v. State of U.P. and 2 Others

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