Kerala High Court
Shriram Transport Finance Company Ltd vs The Joint Regional Transport Officer ... on 19 February, 2021
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.2642 OF 2021(E)
PETITIONER:
SHRIRAM TRANSPORT FINANCE COMPANY LTD.
REPRESENTED BY MR. RAJISH RAJ, BRANCH MANAGER AND
AUTHORIZED SIGNATORY, KMS TOWER, THAZHEPPALAM, TIRUR.
BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE JOINT REGIONAL TRANSPORT OFFICER (REGISTERING
AUTHORITY)
SUB REGIONAL TRANSPORT OFFICE, TIRURANGADI,
MALAPPURAM DISTRICT, PIN - 676 306.
2 ABDUL RASHEED
S/O. ALAVI, NEELANGATTU HOUSE, EDARIKODE, MALAPPURAM
- 676 501.
R2 BY ADV. SRI.G.HARIHARAN
R2 BY ADV. SRI.PRAVEEN.H.
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2642 OF 2021(E)
2
JUDGMENT
Dated this the 19th day of February 2021 The petitioner is a company engaged in the business of financing for purchase of Motor Vehicles. A loan cum hypothecation agreement was entered in to by the petitioner with the second respondent by which money was advanced. Since, he was irregular in repaying the amounts, the vehicle was taken possession of, pursuant to an Arbitration Proceeding No.72 of 2019 and the petitioner is in possession of the vehicle. After repossession, the first respondent was duly intimated and an application for issuance of fresh Certificate of Registration was filed before the first respondent as Ext.P3.
2. The grievance of the petitioner is that the application is still pending. Service is completed. Mr. G. Hariharan appeared for the second respondent. Heard both sides. The learned Senior Government Pleader WP(C).No.2642 OF 2021(E) 3 submitted that the prescribed fee has not been remitted by the petitioner.
3. Having considered the limited prayer sought by the petitioner, I am inclined to dispose of the writ petition by directing the first respondent to consider Ext.P3 application, as expeditiously as possible, and pass appropriate orders on Ext.P3 application within a period of six weeks from the date of receipt of a copy of this judgment, after giving a reasonable opportunity to the second respondent to raise objection. The above application shall be taken up on satisfaction that the requisite fee has been paid by the petitioner.
Accordingly, the writ petition is disposed of.
Sd/-
SUNIL THOMAS JUDGE SKP/20-2 WP(C).No.2642 OF 2021(E) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION PARTICULARS SHOWING THE ENTRY OF LOAN CUM HYPOTHICATION AGREEMENT.
EXHIBIT P2 TRUE COPY OF THE REPORT OF THE CONCERNED OFFICER REGARDING THE REPOSSESSION OF THE VEHICLE DATED 21.01.2021.
EXHIBIT P3 TRUE COPY OF APPLICATION IN THE PRESCRIBED FORM DATED 28.12.2020.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 20.10.2020. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT DATED 14.01.2021. RESPONDENTS'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE