Disposed

Jayesh Kumar T S v. Icici Bank Ltd.

Kerala HC19 Jul 2024WP(C)/25754/2024

Case brief

AI extract

What is this about?

Court disposed of writ petition seeking renewal of contract carriage permit without financier's NOC, directing RTO to consider application with notice receipt within two weeks if filed within one week of judgment, and to consider issuing temporary permit meanwhile.

What did the court decide?

Direction to 3rd respondent to consider renewal application within 2 weeks if filed within one week of judgment, and to consider issuing temporary permit.

Jayesh Kumar T S Vs Icici Bank Ltd. — Kerala HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946

¶5

WP(C) NO. 25754 OF 2024

¶6

PETITIONER:

¶7

JAYESH KUMAR T S AGED 42 YEARS S/O. THUMBU RAJ, BETHEL
BHAVAN, ARUVALLIKKADU, MARIYAPURAM P.O TRIVANDRUM,
695122 OWNER OF TRAVELER T1, REGISTRATION NO.
KL19K9003, NEYYATTINKKARA, TRIVANDRUM, PIN - 695121
BY ADVS. ABDUL JALEEL.A M.A.SULFIA P.J.SHIJO AJMAL
JABBAR

¶8

RESPONDENTS:

¶9

1 ICICI BANK LTD ASIF COMPLEX, ALLUMOODU JUNCTION, NEYYATTINKKARA, TRIVANDRUM, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 695121

¶10

2 THE GENERAL MANAGER (OIC) RESERVE BANK OF INDIA, BANERJI ROAD, ERNAKULAM NORTH, KALOOR, POST BOX NO.3065, KOCHI, PIN - 682018

¶11

3 SECRETARY REGIONAL TRANSPORT AUTHORITY, PARASSALA SRTO, KERALA STATE, PIN - 695502

¶12

SRI. SUNILKUMAR KURIAKOSE, SR. GP.

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

W.P.(C)No.25754 OF 2024

¶15

¶16

JUDGMENT

¶17

Dated this the 19^th day of July, 2024

¶18

Petitioner is the owner of a Traveller T1

¶19

vehicle, which has been issued with a contract carriage permit. The permit period will expire on 22.07.2024. While submitting the application for renewal of permit, the petitioner has to produce a No Objection Certificate issued by the financier/ the 1^st respondent herein. Therefore, the petitioner issued Exhibit P3 notice requesting the 1^st respondent to issue No Objection Certificate. The 1^st respondent has so far not responded to the notice and hence, this writ petition is filed seeking a direction to the 3^rd respondent to renew the petitioner's contract carriage permit without insisting on production of NOC from the financier.

¶20

W.P.(C)No.25754 OF 2024

¶21

¶22

Heard learned counsel for the petitioner and

¶23

the learned Government Pleader.

¶24

Learned counsel for the petitioner submits

¶25

that the Financier having failed to respond to the notice, even after 7 days, the petitioner became entitled to get the permit renewed as per Section 51(7) of the Motor Vehicles Act, 1988.

¶26

The learned Government Pleader pointed out that the procedure for renewal of permit is contained in Section 51(9), as per which, even in cases where the Financier has refused to issue the certificate applied for, discretion is vested with the 3^rd respondent to decide whether to renew the permit or not.

¶27

The writ petition is disposed of, permitting the petitioner to submit the application for renewal along with Exhibit P3 letter and its receipt before the 3^rd respondent. If the application is filed within one week of receipt of t h i s judgment, the 3^rd respondent shall take it up for consideration and pass orders

¶28

W.P.(C)No.25754 OF 2024

¶29

¶30

thereon within 2 weeks. In the meanwhile, the 3^rd

¶31

respondent shall also consider the possibility of issuing

¶32

a temporary permit.

¶33

Ordered accordingly.

¶34

Sd/V.G.ARUN JUDGE

¶35

SSK/19/07

¶36

W.P.(C)No.25754 OF 2024

¶37

¶38

APPENDIX OF WP(C) 25754/2024

¶39

PETITIONER EXHIBITS

¶40

Exhibit-P1TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE NO. KL19K9003 DATED 8.7.2019
Exhibit-P2TRUE COPY OF THE PERMIT OF CONTRACT CARRIAGE OWNED
BY THE PETITIONER DATED 25.7.2019
Exhibit-P3TRUE COPY OF THE LETTER DATED 26.6.2024 SUBMITTED
BY THE PETITIONER TO THE RESPONDENTS
Exhibit-P4TRUE COPY OF THE LOAN ACCOUNT STATEMENT FOR
LVTVM00039383355 FROM 31.5.2019 TO 6.6.2024

¶41

RESPONDENT'S EXHIBITS:NIL

¶42

SSK //TRUE COPY// PA TO JUDGE

Jayesh Kumar T S v. Icici Bank Ltd.

Case brief

What is this about?

What did the court decide?

Jayesh Kumar T S v. Icici Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.C Ambika Devi Vs District Police Chief Ernakulam

Kerala State Lottery Agents and Sellers Welfare Board Vs C.N.Purushothaman

Mathew Joseph Vs the State of Kerala

Mahesh Sivadas Vs the State of Kerala

Edakkara Gramin Nidhi Limited, Vs Union of India

Srisouhruda Nidhi Limited, Vs Union of India