The High Court dismissed a writ petition challenging a bank's notice to pay tax and registration fees for an auction-purchased vehicle. Ruling that auction terms excluded these costs, the Court held the bidder is liable to remit necessary payments to expedite registration.
Petitioner dismissed; Ext.P6 set; Writ petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938
WP(C).No. 16962 of 2016 (U)
PETITIONER(S) :
MANOJ STEPHEN,
AGED 46 YEARS, S/O.IMMANUEL STEPHEN, HOUSE NO.13/391, MISSION COMPOUND, PUTHUPANOM P.O., VADAKARA, KOZHIKKODE DISTRICT, KERALA.
BY ADV. SRI.P.S.RAMESH KUMAR
RESPONDENT(S) :
1. THE BRANCH MANAGER, STATE BANK OF INDIA VADAKARA BRANCH, DHANA PLAZA, N.H.BYE PASS JUNCTION, VADAKARA, KOZHIKKODE, PIN: 673 101, KERALA.
2. THE AUTHORIZED SIGNATORY, SHRIRAM AUTOMALL INDIA LTD., PAYOLLY ROAD, IRINGATH (P.O.), MANJAKULAM, MEPPAYOOR, CALICUT, PIN: 673 523.
3. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICER, VADAKARA, PIN: 673 101.
R1 BY SRI.K.K.CHANDRAN PILLAI (SENIOR ADVOCATE) ADV. SMT.S.AMBILY
R3 BY SR. GOVERNMENT PLEADER SRI.C.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 16962 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS :
P2 TRUE PHOTOCOPY OF GATE PASS DATED 27/03/2015 VIDE NO.35984 ISSUED BY SHRIRAM TRANSPORT FINANCE CO. LTD. (A SISTER CONCERN OF THE 2ND RESPONDENT).
P3 TRUE PHOTOCOPY OF PAGE NO.12/31 PUBLISHED BY THE 2ND RESPONDENT IN CONNECTION WITH THE AUCTION LOT NO.15.
P6 TRUE COPY OF THE LETTER SENT BY RESPONDENT BANK TO THE PETITIONER DATED 01.07.2016, PRODUCED AND MARKED IN I.A.NO. 12162/2016.
P7 TRUE COPY OF THE PUC (POLLUTION UNDER CONTROL) CERTIFICATE DATED 18..07.2016, PRODUCED AND MARKED IN I.A.NO. 12162/2016.
RESPONDENT(S)' ANNEXURES :
ANNEXURE 1: COPY OF THE ORDER DATED 30.09.2014 IN C.M.P.NO. 6336/2014 IN CRIME NO. 473/2014 OF VATAKARA POLICE STATION, JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA.
ANNEXURE 2: COPY OF THE VALUATION REPORT PREPARED BY THE PETITIONER DATED 04.05.2015.
ANNEXURE 3: COPY OF THE RELEVANT PORTION OF THE NOTIFICATION PUBLISHED BY THE AGENCY.
ANNEXURE 4: COPY OF THE LETTER DATED 11.05.2015 ADDRESSED RTO. ANNEXURE 5: COPY OF THE REPLY TO EXT. P5, ISSUED BY THE BANK DATED 30.03.2016.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.M. SHAFFIQUE, J.
W.P.(C) No. 16962 of 2016
Dated this the 28th day of September, 2016
JUDGMENT
Petitioner has approached this Court inter alia challenging Ext.P6, a letter issued by the respondent Bank, calling upon the petitioner to furnish the documents for the purpose of expediting registration process of a vehicle having temporary registration No.KL-VAV-Tem.4011.
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brought to the notice of this Court that the tax for permanent registration and other fee had not been remitted. Therefore, the Regional Transport Officer had called upon the Bank to take permanent registration in order to effect transfer of the vehicle in the name of the petitioner. The Bank in turn by Ext.P6 letter, called upon the petitioner to expedite the registration process of the vehicle. According to the petitioner, he is not liable to expend any amount for registering the vehicle, whereas it is the obligation of the Bank to ensure that the vehicle is registered in the name of the petitioner.
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Crime No.473/2014, alleging breach of trust and cheating. The aforesaid Vibin was arrested. The Manager of the Bank approached the Judicial First Class Magistrate Court, Vatakara and submitted a claim petition. The claim petition was allowed as per order dated 30.9.2014 in C.M.P.No.6336/2014. While granting custody of the vehicle, the following conditions had been laid down:
“(1) The petitioner shall execute a bond for Rs.6 lakhs with two solvent sureties each for like amount.
(2) The petitioner shall produce photograph of the vehicle and the same shall be certified by the petitioner with respect to its genuineness.
(3) The petitioner shall be at liberty to sell the vehicle through lawful process ensuring that it fetches the maximum price.
(4) The office shall prepare a punchnama of vehicle which shall be counter signed by the petitioner.”
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Bank and according to him, the value of the vehicle in the present condition would be Rs.4 lakhs. It is also indicated that the vehicle is in a roadworthy condition and covered only 2525 Kms and the tax was not paid and the insurance policy was not valid. The vehicle was auctioned for the Bank through the second respondent. The conditions of the auction is produced as Annexure 3. One of the condition is that the bid price does not include any statutory tax pending and applicable RTA fee. All these costs are additionally payable by the successful bidder. On this basis, it is contended by the Bank that there is no obligation for the Bank to pay any amount and therefore, the petitioner was requested to take necessary arrangements to pay the registration fee and register the vehicle in his name. Reference is also made to item No.15 in Annexure 3, which are the details in respect of the aforesaid vehicle, which also indicates that the tax is not available, insurance is not available and the permit is not available. It is therefore contended that the petitioner is having knowledge
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about the fact that the tax and registration fee of the vehicle has not been paid and the vehicle was only temporarily registered and therefore, he cannot turn around and submit that he is not liable to pay the tax.
some time, it would be appropriate to have a finality to the issue rather than relegating the parties to a civil suit, though
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normally this Court will not interfere in such contractual matters. In Annexure 3, it is clearly indicated that the bid price does not include any statutory tax pending and applicable RTA fee. All these costs are additionally payable by the successful bidder. This being the terms of tender, petitioner cannot contend otherwise.
Under such circumstances, if the petitioner wants registration of the vehicle, it is his obligation to effect any such payment. Ext.P6 therefore cannot be set aside as contended. I do not find any merits in the contentions raised in the writ petition. Writ petition is dismissed.
Sd/-
A.M. SHAFFIQUE
JUDGE
Scl/28.09.2016
3 issues framed by the court
Whether the petitioner, as the successful bidder in a bank auction, is obligated to pay pending statutory tax and registration fees to obtain permanent vehicle registration.
Whether the High Court should interfere in a contractual dispute regarding the payment of auction-related statutory charges.
Whether an order calling upon the petitioner to remit fees for vehicle registration should be quashed.
MANOJ STEPHEN
THE BRANCH MANAGER, STATE BANK OF INDIA VADAKARA BRANCH
THE AUTHORIZED SIGNATORY, SHRIRAM AUTOMALL INDIA LTD.
THE REGIONAL TRANSPORT OFFICER, VADAKARA
A.M. SHAFFIQUE
As recorded by the court registry
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