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Tata Motors Finance Ltd. v. the Sub Regional Transport Officer

Kerala HC28 Jul 2015WP(C)/16184/2015

Case brief

AI extract

What is this about?

A finance company filed a writ petition seeking direction to the Sub Regional Transport Officer to issue a fresh registration certificate for vehicles repossessed due to default by a school. The Court held that dependency on a pending civil suit does not justify refusal upon lawful repossession under the Motor Vehicles Act.

What did the court decide?

Writ petition disposed of directing the 1st respondent to issue fresh registration certificate for the repossessed vehicle within one week.

Tata Motors Finance Ltd. Vs the Sub Regional Transport… — Service and Employment | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937

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WP(C).No. 16184 of 2015 (W)

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PETITIONER :

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TATA MOTORS FINANCE LTD., THRISSUR, REPRESENTED BY ITS AUTHORISED SIGNATORY SAINS MATHEW.

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BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN

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RESPONDENT(S) :

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1. THE SUB REGIONAL TRANSPORT OFFICER CHITTOOR, PALAKKAD DISTRICT, PIN-678101.

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2. THE PRINCIPAL

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PALAKKAD INSTITUTE OF SCIENCE AND TECHNOLOGY ATTAYAMPATHY, GOVINDAPURAM, PALAKKAD PIN-678 507.

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3. P.S.SASIKUMAR S/O.SIVAN NAIR, SARIGA, PRIYADARSINI ROAD PALAKKAD, PIN-678001.

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R1 & R2 BY GOVT. PLEADER SMT. K.A. SANJEETHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 16184 of 2015 (W)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-09 AA 9968.

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EXT.P2 : TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-09 AA 9032.

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EXT.P3 : TRUE COPY OF THE SAID JUDGMENT DT.26-3-15 IN WP(C) NO. 9646/2015 OF THIS HON'BLE COURT.

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EXT.P4 : TRUE COPY OF THE ORDER DT.15-5-2015 ISSUED BY THE 1ST RESPONDENT.

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EXT.P5 : TRUE COPY OF THE AFFIDAVIT AND PETITION IN OS.NO. 246/14 OF THE SUB COURT, PALAKKAD ALONG WITH INTERIM ORDER.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

A.V. RAMAKRISHNA PILLAI, J.

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W.P.(C) No. 16184 of 2015

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Dated this the 28^th day of July, 2015

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J U D G M E N T

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The petitioner has approached this Court for a direction to the respondents to issue fresh registration certificate for the repossessed vehicle.

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The petitioner is the financier in respect of two school buses purchased by the 2^nd respondent in July, 2011. As the 2^nd respondent committed default in paying monthly instalments, the petitioner repossessed the same and applied for fresh registration certificate in the name of the financier. According to the petitioner, the financier is entitled to do so under Section 51 of the Motor Vehicles Act. As the 1^st respondent has not issued fresh registration certificate holding that the 3^rd respondent has obtained an order from a civil court restraining the 2^nd respondent from alienating the vehicles, the petitioner filed WP(C) No.9646/2015; and this Court, by judgment

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..2..

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W.P.(C) No. 16184 of 2015

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dated 26.03.2015, directed the registering authority to consider the application for fresh registration certificate adverting to Section 51(5) of the Motor Vehicles Act. Now, the 1^st respondent issued Ext.P4 order holding that fresh registration certificate cannot be issued in the name of the financier. Hence, this writ petition.

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Heard the learned counsel for the petitioner and the learned Government Pleader in the matter.

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Admittedly, a civil suit is pending on the files of the Sub Court, Pala, where the rights of the petitioner and the 3^rd respondent can be settled. However, as the vehicle has been repossessed in accordance with law, the 1^st respondent cannot refuse to re-register the vehicle in the name of the petitioner. As the inter se dispute between the petitioner and the 3^rd respondent can be adjudicated in the civil suit, this Court is of the view that this writ petition can be disposed of without issuing notice to the 3^rd respondent.

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Therefore, the writ petition is disposed of directing

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W.P.(C) No. 16184 of 2015

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..3..

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the 1^st respondent to issue fresh registration certificate for the repossessed vehicle within a period of one week from the date of receipt of a copy of this judgment.

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It is hereby made clear that the right conferred on the petitioner on the basis of the certificate shall be subject to the final outcome of OS No.246/2014 on the files of the Sub Court, Pala.

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Sd/- A.V. RAMAKRISHNA PILLAI JUDGE

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bka/-

Tata Motors Finance Ltd. v. the Sub Regional Transport Officer

Case brief

What is this about?

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Tata Motors Finance Ltd. v. the Sub Regional Transport Officer

Case brief

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