Dismissed

Wilson George v. M/S. Magma Fin Corp. Ltd.

Kerala HC20 Oct 2023WP(C)/847/2022

Case brief

AI extract

What is this about?

Writ petition challenging acceptance of transfer application for a blacklisted vehicle. Court dismissed the writ petition, ruling that the petition could not survive as the vehicle remained blacklisted pending an arbitration order.

What the court decided

AI extract

Wilson George Vs M/S. Magma Fin Corp. Ltd. — Writ and Judicial Review | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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FRIDAY, THE 20TH DAY OF OCTOBER 2023 / 28TH ASWINA, 1945
WP(C) NO. 847 OF 2022

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PETITIONER:

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WILSON GEORGE

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AGED 50 YEARS,S/O. GEORGE, KOTTARATHIL GILGAL 5,
PANAMPATTA, THALAVOOR, PATHANAPURAM, KOLLAM, PIN-691508.
BY ADV T.M.ABDUL LATHEEF

¶8

RESPONDENTS:

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1M/S. MAGMA FIN CORP. LTD
VYTTILA, REP. BY ITS DEPUTY MANAGER HAVING ITS REGISTERED
OFFICE AT MAGMA HOUSE, HAVING ITS BRANCH OFFICE AT 1ST
FLOOR, JAINS TOWER, VYTTILA, ERNAKULAM, PIN-682019.
2JOINT RTO,
PUNALUR RTO OFFICE, PUNALUR, KOLLAM, PIN-691508.

¶10

3CIRCLE INSPECTOR OF POLICE,
KUNNICODE, KOLLAM, PIN-691508.
4ADDL.R4: ARUN SOMAN
AGED 25 YEARS, S/O SOMAN, KALARICKAL HOUSE, KALLAR,
VATTAYAR POST, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI
DISTRICT ADDL.R4 IS IMPLEADED AS PER ORDER DATED
31.01.2023 IN IA 1/2022 IN WP(C) NO. 847/2022.
BY ADVS.
PHILIP T.VARGHESE
S.JIJI
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
GAYATHRI VIJAYAN
PAVITHRAN M.T.
M.M.BABY

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S. GOPINATHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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Dated this the 20^th day of October, 2023

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The present writ petition has been filed under Article 226 of the Constitution of India, seeking the following reliefs:

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i) To call for the records relating to Exhibits P-1 to P-10 and to issue a writ of mandamus commanding 2 nd respondent not to accept any transfer application submitted by the 1st respondent or anybody authorized by them for change of name of owner in registration certificate issuance of NOC and duplicate registration certificate in the basis of the alleged sale conducted by the 1 st respondent in respect of the petitioners vehicle bearing registration No.KL-03-Z-6000. On the arbitration order is under challenge before the Commercial Court and order of injunction is in force.

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ii) to issue any order or direction to directing the respondents 2 and 3 to take possession of the vehicle bearing registration No. KL-03-Z-6000 produce the same before the Commercial Court and the Criminal Court concerned and to direct the Commercial Court to dispose of the vehicle in accordance with law.

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iii) Any other reliefs may be granted as prayed at the time of argument and is deemed fit to be granted by this Hon’ble Court.

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2 . Learned Government Pleader submits that the

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vehicle is blacklisted and therefore, it could not be transferred in the name of the additional 4 th respondent till the date the blacklist is lifted.

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3 . Considering the aforesaid submission, nothing survives in this writ petition. Therefore, the writ petition is hereby dismissed.

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Sd/-

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DINESH KUMAR SINGH

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JUDGE

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APPENDIX OF WP(C) 847/2022

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`PETITIONER EXHIBITS` `Exhibit P1`	`TRUE COPY OF THE` `FAVOUR OF THE PET`	`REGISTRATION CERTIFICATE IN` `ITIONER DATED 6.10.2015.`
`Exhibit P2`	`TRUE COPY OF THE` `BY THE PETITIONER`	`LETTER DATED 31.8.2021 ISSUED` `TO THE 1ST RESPONDENT.`
`Exhibit P3`	`TRUE COPY OF THE` `BY THE PETITIONER`	`LETTER DATED 15.9.2021 ISSUED` `TO THE 1ST RESPONDENT.`
`Exhibit P4`	`TRUE COPY OF THE` `BY THE PETITIONER`	`LETTER DATED 3.12.2021 ISSUED` `BEFORE THE ARBITRATOR.`
`Exhibit P5`	`TRUE COPY OF THE` `DATED 16.9.2021.`	`NOTICE TO THE COMMISSIONER`
`Exhibit P6`	`TRUE COPY OF THE` `NO.166/2021 OF CO`	`PETITION IN CMA (ARB)` `MMERCIAL COURT KOLLAM.`
`Exhibit P7`	`TRUE COPY OF THE` `OF COMMERCIAL COU`	`ORDER IN CMA (ARB) NO.166/2021` `RT KOLLAM DATED 6.12.2021.`
`Exhibit P8`	`TRUE COPY OF THE` `BY THE PETITIONER`	`LETTER DATED 15.12.2021 ISSUED` `TO THE 1ST RESPONDENT.`
`Exhibit P9`	`TRUE COPY OF THE` `RESPONDENT DATED`	`COMPLAINT BEFORE THE 2ND` `30.12.2021 BY THE PETITIONER.`
`Exhibit P10`	`TRUE COPY OF THE` `CIRCLE INSPECTOR` `1.1.2022 BY THE P`	`PETITION FILED BEFORE THE` `OF POLICE KUNNICODE DATED` `ETITIONER.`
`RESPONDENT EXHIBITS`
`Exhibit R-4(a)`	`TRUE COPIES OF TH` `AMOUNTING TO RS.`	`E CASH TRANSFER RECEIPTS` `7, 76,000/-`
`Exhibit R-4(b)`	`TRUE COPY OF THE` `BY THE 2ND RESPON`	`LETTER DATED 02-12-2021 ISSUED` `DENT HEREIN`
`Exhibit R-4(c)`	`TRUE COPY OF THE` `BY THE 2ND RESPON` `RTO PUNALUR ALONG`	`LETTER DATED 04-01-2022 ISSUED` `DENT IN THIS PETITION TO THE` `WITH FORM 36 IN DUPLICATE`
`Exhibit R-4(d)`	`TRUE COPY OF THE` `DOWNLOADED FROM T`	`VEHICLE STATUS REPORT` `HE PARIVAHAN WEBSITE`
`Exhibit R1`	`TRUE COPY OF THE` `ISSUED BY THE GOV` `CORPORATE AFFAIRS` `DATED 22/07/2021.`	`CERTIFICATE OF INCORPORATION` `ERNMENT OF INDIA, MINISTRY OF` `TO POONAWALLA FINCORP LTD.,`

Wilson George v. M/S. Magma Fin Corp. Ltd.

Case brief

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What the court decided

Wilson George v. M/S. Magma Fin Corp. Ltd.

Case brief

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