Disposed

Shriram Transport Finance Company Limited, v. Transport Commissioner

Kerala HC8 Oct 2020WP(C)/15137/2020

Case brief

AI extract

What is this about?

This writ petition concerning a hypothecated vehicle sale seeks issuance of a duplicate RC book under Section 51(5) of the Motor Vehicles Act. The court directed the Regional Transport Officer to consider the petitioner's application, ensuring the third respondent is heard, within three months.

What did the court decide?

Directed the 2nd respondent to consider the petitioner's application for a duplicate RC book under Section 51(5) after hearing the 3rd respondent within three months.

Shriram Transport Finance Company Limited, Vs Transport… — Consumer Protection | Kerala HC (2020)

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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 SATHISH NINAN

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THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942 WP(C).No.15137 OF 2020(N)

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PETITIONER:

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SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, MUVATTUPUZHA BRANCH, 2ND FLOOR, PULINGATTU PROPERTIES, VELLOORKUNAM, MUVATTUPUZHA, ERNAKULAM - 686 669, REPRESENTED BY ITS BRANCH MANAGER, BINEESH P. S., AGED 34 YEARS, S/O. SADASIVAN, PETTUPARAYIL HOUSE, THOPRAMKUDY, IDUKKI - 685 515.

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BY ADVS.

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SRI.C.HARIKUMAR SRI.RENJITH RAJAPPAN

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RESPONDENTS:

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1 TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P. O., THIRUVANANTHAPURAM - 695 014.

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2 REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA - 686 673.

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3 BIJU CHACKO

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S/O. CHACKO, CHAMATHAYIL HOUSE, PERUMBAVOOOR P. O., ERNAKULAM - 686 673.

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BY GOVERNMENT PLEADER:SMT.MABLE.C.KURIAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15137 OF 2020(N)

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JUDGMENT

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The 3^rd respondent is the registered owner of a Maruti Swift Dezire sedan bearing Registration No.KL-37 B-0048. The vehicle stands hypothecated to the petitioner - financier. Consequent on default on the part of the 3^rd respondent to pay the instalments, the financier initiated arbitration proceedings. Pursuant to an interim award, the financier took possession of the vehicle and effected sale of the vehicle. The petitioner made a request to 2^nd respondent for issuance of duplicate RC book in terms of Section 51(5) of the Motor Vehicles Act, as early as in the year 2018. The grievance of the petitioner is that no orders have been passed so far.

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The learned Government Pleader, on instructions points that, the 3^rd respondent has objected to the issuance of duplicate RC book stating that he has initiated steps to have the interim award set aside.

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WP(C).No.15137 OF 2020(N)

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Be that as it may, in the absence of any restraint, the 2^nd respondent is to pass appropriate orders on the application submitted by the petitioner in accordance with law.

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Without expressing anything on merits, I dispose of this writ petition directing the 2^nd respondent to consider the application submitted by the petitioner under Section 51(5) of the Motor Vehicles Act, seeking issuance of a duplicate RC book, after hearing the 3^rd respondent also. The same shall be done within a period of three months from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.15137 OF 2020(N)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE LOAN CUM HYPOTHECATION AGREEMENT BETWEEN THE PETITIONER AND THE 3RD RESPONDENT DATED 26.02.2016 IN RESPECT OF MARUTI SWIFT DEZIRE BEARING REGISTRATION NO.KL-37 B-0048.

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EXHIBIT P2 THE TRUE COPY OF THE CASE STATUS OF A.O.P.NO.1174 OF 2017 OF THE DISTRICT AND SESSIONS COURT, ERNAKULAM. EXHIBIT P3 THE TRUE COPY OF THE INTERIM AWARD IN I.A.NO.997 OF 2018 IN A.C.NO.4054 OF 2017 OF THE SOLE ARBITRATOR DATED 08.08.2018.

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EXHIBIT P4 THE TRUE COPY OF THE CASH RECEIPT DATED 24.12.2018 EVIDENCING THE PAYMENT OF THE PRESCRIBED FEE FOR ISSUANCE OF FRESH REGISTRATION CERTIFICATE.

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EXHIBIT P5 THE TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT IN A.C.NO.4054 OF 2017 DATED 12.12.2018 PRODUCED BEFORE THE 2ND RESPONDENT REGISTRATION AUTHORITY.

Shriram Transport Finance Company Limited, v. Transport Commissioner

Case brief

What is this about?

What did the court decide?

Shriram Transport Finance Company Limited, v. Transport Commissioner

Case brief

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What did the court decide?

What the court decided

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