Disposed

M/S. Sundaram Finance v. the Assistant Registering

Madras HC17 Sept 2018WP(MD)/9749/2018

Case brief

AI extract

What is this about?

Petitioner sought a writ mandamus directing the Assistant Registering Authority to issue a fresh vehicle registration certificate after a representation was filed and a prior request by the owner was ignored. The court directed the authority to consider the representation upon hearing both parties.

What did the court decide?

Directed the first respondent to consider the petitioner's representation dated 08.06.2017 and pass appropriate orders on merits within four weeks after hearing both parties.

M/S. Sundaram Finance Vs the Assistant Registering — Company and Corporate | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2018

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CORAM

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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W.P(MD).No.9749 of 2018

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M/s.Sundaram Finance Limited, No.21, Patullos Road, Chennai – 600 002,

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rep. by its Assistant Manager (Legal), S.K.Kamalanand

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... Petitioner

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Vs.

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1.The Assistant Registering Authority, Ambasamudram, Tirunelveli District.

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2.S.Mariappan ... Respondents

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PRAYER:- Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1^st respondent to consider the representation of the petitioner dated 08.06.2017 and to issue fresh registration certificate for the vehicle bearing Registration No.TN-76-AZ-2396 in the name of the petitioner.

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For petitioner : Mr.Pon Senthil Kumaran For 1^st respondent : Mr.D.Muruganandham,

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Addl. Government Pleader

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For 2^nd respondent : Mr.P.Thiyagarajan

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ORDER

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This writ petition has been filed by the petitioner for a Mandamus, to direct the 1^st respondent to consider the representation of the petitioner dated 08.06.2017 and to issue fresh Registration Certificate for the vehicle bearing Registration No.TN-76-AZ-2396 in the name of the petitioner.

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The case of the petitioner is that the petitioner is a nonbanking finance company and registered under the Indian Companies Act. The second respondent herein, by entering into a loan agreement with the petitioner, has purchased a vehicle bearing Registration No.TN-76-AZ-2396. As the second respondent was not regular in payment of dues, the petitioner has taken the custody of the said vehicle as per the agreement. Though the petitioner https://hcservices.ecourts.gov.in/hcservices/ requested the second respondent to surrender original Registration Certificate, the 2^nd respondent neither surrendered the original

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Registration Certificate nor settled the amount. Therefore, the petitioner had sent a representation to the 1^st respondent requesting him to issue fresh registration certificate in the name of the petitioner. The first respondent, on receipt of the said request under Form 36, had issued several communications to the 2^nd respondent to produce the original Registration Certificate. But, the 2^nd respondent did not turn up. However, the first respondent till date not issued fresh Registration Certificate of the said vehicle. Therefore, he has filed this writ petition.

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The learned Additional Government Pleader appearing for the first respondent submitted that in the counter affidavit itself it is stated that the representation of the petitioner is under consideration.

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Considering the relief sought for by the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner, dated 08.06.2017 and after providing sufficient opportunity to the petitioner as well as the 2^nd respondent, to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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This Writ Petition stands disposed of accordingly. No costs.

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Sd/-

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Assistant Registrar (WRITS)

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// True Copy //

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Sub Assistant Registrar(CS-II)

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1.The Assistant Registering Authority, Ambasamudram,

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Tirunelveli District.

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- 1 CC TO MR.S.PONSENTHIL KUMARAN, ADVOCATE IN SR NO.84543 + 1 CC TO MR.P.THIYAGARAJAN, ADVOCATE IN SR NO.85154 + 1 CC TO SPECIAL GOVERNMENT PLEADER,IN SR NO.84884

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GCG

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BU/PM/SAR-II : 03.10.2018 : 2P/5C

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https://hcservices.ecourts.gov.in/hcservices/

M/S. Sundaram Finance v. the Assistant Registering

Case brief

What is this about?

What did the court decide?

M/S. Sundaram Finance v. the Assistant Registering

Case brief

What is this about?

What did the court decide?

What the court decided

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