Partly allowed

Antony Varghese v. the Sub-Regional Transport Officer

Kerala HC10 Sept 2021WP(C)/15080/2021

Case brief

AI extract

What is this about?

Petitioner sought cancellation of vehicle black listing and hypothecation endorsement after clearing hire-purchase liability. Court directed Transport Officer to cancel endorsement upon notice to financier within two months.

What did the court decide?

Directed First Respondent to cancel hypothecation endorsement and delete black list entries within two months upon notice to Second Respondent.

Antony Varghese Vs the Sub-Regional Transport Officer — Motor Accident Claims | Kerala HC (2021)

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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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FRIDAY, THE 10^TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943

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WP(C) NO. 15080 OF 2021

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PETITIONER:

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ANTONY VARGHESE AGED 53 YEARS S/O.VARGHESE, KARUKAYIL PUTHEN VEEDU, CHERUKOLE P.O., CHENNITHALA, MAVELIKKARA, ALAPPUZHA-690104.

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BY ADV B.MOHANLAL

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RESPONDENTS:

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1 THE SUB-REGIONAL TRANSPORT OFFICER MAVELIKKARA, MAVELIKKARA P.O., ALAPPUZHA-690101.

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2 THE INDOSTAR CAPITAL FIANCE LIMITED, 2ND FLOOR, SAKITHYAN ANNEXE BUILDING, NO.22 & 23, VENKATACHARAYANA ROAD, T.NAGAR, CHENNAI-600017, TAMIL NADU STATE (FORMERLY INDIA INFOLINE FINANCE LIMITED, 2ND FLOOR, I SANA TOWERS, JOSE JUNCTION, M.G.ROAD, KOCHI).

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3 THE TAAN UNION CIBIL LIMITED (FORMERLY CREDIT INFORMATION BUREAU INDIA LTD).

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ONE INDIA BULL CENTRE, TOWER 2A, 19TH FLOOR, SENAPATHY BAPAT MARG, ELPHINSTONE ROAD, MUMBAI-400013.

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BY ADV C.AJITH KUMAR BY SMT.SHEEJA C.S., SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W.P.(C) No.15080 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 10^th day of September, 2021

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J U D G M E N T

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The petitioner's vehicle bearing registration

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number KL-31-H-1244 was included in the black list

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status of the Motor Vehicles Department consequent to

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the default in repayment of the hire purchase instalments to the second respondent Financier. According to the petitioner, the liability was subsequently cleared off and the petitioner was issued with Ext.P4 NOC from the Financier. Exts.P6 and P7 are entries in the M-Parivahan Portal and E-Vahan Portal of the Motor Vehicles Department showing the inclusion of

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the petitioner's vehicle in the black list status. In the light of the settlement with the financier and the

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NOC issued by the Financier, the petitioner seeks to cancel the endorsement of hypothecation in Ext.P1, the

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W.P.(C) No.15080 of 2021

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-: 2 :-

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RC particulars of the vehicle, and for quashing the

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entries in the black list in Exs.P6 and P7. Ext.P9 is

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the receipt evidencing submission of the application by

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the petitioner seeking cancellation of endorsement of hypothecation.

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Heard the learned counsel for the petitioner,

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the learned Government Pleader for the first respondent

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and learned counsel Sri.C.Ajith Kumar on behalf of the

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third respondent. In spite of service of notice on the second respondent, there is no appearance.

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After having heard the learned counsel, I am of

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the opinion that it would be sufficient if the first respondent considers the application to cancel the endorsement of hypothecation with due notice to the second respondent and passes appropriate orders. Once the endorsement of hypothecation is ordered to be

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W.P.(C) No.15080 of 2021

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-: 3 :-

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cancelled, then necessarily the entries in the black list status in Exts.P6 and P7 shall also be deleted. Let

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the needful be done as expeditiously as possible and at

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any rate within a period of two months from the date of

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receipt of a copy of this judgment.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 15080/2021

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE R.C. PARTICULARS OF THE PETITIONER'S 2014 MODEL TRAVELER LMV CONTACT CARRIAGE DIESEL VEHICLE BEARING REG.NO.KL-31- H-1244.
Exhibit P2	THE TRUE COPY OF THE CONTACT CARRIAGE PERMIT NO.KL-3131/1253/2014 DATED 30.12.2019 ISSUED
	BY THE 1ST RESPONDENT TO THE PETITIONER HAVING ITS VALIDITY TILL 28.12.2024.
Exhibit P3	THE TRUE COPY OF THE INSURANCE POLICY
	NO.443291/31/2021/9134 DATED 22.03.2021
	OBTAINED BY THE PETITIONER FROM ORIENTAL INSURANCE COMPANY LTD.
Exhibit P4	THE TRUE COPY OF THE COVERING LETTER AND NOC FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
Exhibit P5	THE TRUE COPY OF THE TERMINATION OF HIRE PURCHASE AGREEMENT FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
Exhibit P6	THE TRUE COPY OF THE BLACK LIST STATUS OF THE
	PETITIONER'S VEHICLE OBTAINED FROM M-
	PARIVAHAN PORTAL OF THE MOTOR VEHICLE DEPARTMENT.
Exhibit P7	THE TRUE COPY OF THE REGISTERED VEHICLE DETAILS OF THE PETITIONER'S VEHICLE OBTAINED BY THE PETITIONER FROM THE E-VAHAN PORTAL OF THE MOTOR VEHICLES DEPARTMENT.
Exhibit P8	THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO.24599/2019 DATED 23.11.2020 OF THIS HON'BLE COURT.
Exhibit P9	THE TRUE COPY OF THE RECEIPT DATED 16.04.2021
	OBTAINED BY THE PETITIONER FROM THE MOTOR
	VEHICLES DEPARTMENT, MAVELIKKARA.

Antony Varghese v. the Sub-Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Antony Varghese v. the Sub-Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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