Petitioner bank sought directive to Transport Officer for fresh RC of vehicle seized under SARFAESI. Court directed 1st respondent to process application expeditiously within four weeks.
Directing the 1st respondent to take up the application for issuance of fresh registration certificate expeditiously within four weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942 WP(C).No.8215 OF 2020(B)
PETITIONER/S:
M/S.INDUSIND BANK LTD., (VEHICLE FINANCE DIVISION) JAIN TOWER-2, VARAPUZHA ROAD, NEAR RAILWAY OVER BRIDGE, EDAPPALLY, KOCHI682024(REPRESENTED BY ITS STATE CO-COORDINATOR(LEGAL) BISIN.K.S)
BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SRI.V.R.SANJEEV KUMAR
RESPONDENT/S:
1 JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION, PARASSALA.P.O, PARASSALA-695502.
2 MR.SREENU.S.M, S/O.STEPHEN, S.M.NIVAS, KARAKYADU, PUTHUVANKONAM, DANUVACHAPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM695121.
SRI K P HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, a Company engaged in banking activities, advanced a loan to the 2nd respondent for purchasing a Maruti - Swift Dezire car. The 2nd respondent committed default and the petitioner invoked the provisions of the SARFAESI Act for realizing the amount. Pursuant to orders passed by the learned Chief Judicial Magistrate, Thiruvananthapuram, the petitioner came into possession of the car. It appears that there were several rounds of litigation before this Court and an opportunity was granted to the 2nd respondent to clear the default in instalments. However, he failed to comply with the directions. The petitioner states that the car is still in their possession. They approached the 1st respondent and sought for issuing a fresh registration certificate. It is contended that Ext.P5 notice was issued to the petitioner calling upon them to appear before the 1st respondent for a hearing on 20.11.2019. Their grievance is that nothing was heard from the part of the 1st respondent since then. It is in the afore circumstances that the petitioner has approached this court seeking a direction to the 1st respondent to issue fresh registration certificate without any further delay.
WP(C).No.8215 OF 2020
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SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 19.08.2019 ISSUED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RECEIPT NO.9104900 DATED 18.10.2019 ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF FEES FOR THE ISSUANCE OF FRESH RC RELATING TO VEHICLE NO.KL-16J 7722
EXHIBIT P3 TRUE COPY OF THE JUDGMENT MADE IN WP(C)NO.24550/2019 DATED 03.10.2019
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12.12.2019 MADE IN RP NO.1068/2019 IN WP(C)NO.24550/2019
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 08.11.2019 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER.
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether the 1st respondent should be directed to issue a fresh registration certificate for the seized vehicle without delay.
M/S.INDUSIND BANK LTD.
JOINT REGIONAL TRANSPORT OFFICER
MR.SREENU.S.M
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
