Kanakadurga Finance Limited vs Commissioner Of Transport, Gujarat

Gujarat High Court

Kanakadurga Finance Limited vs Commissioner Of Transport, Gujarat on 4 May, 2026

                                                                                                         NEUTRAL CITATION




                              C/SCA/9042/2025                              ORDER DATED: 04/05/2026

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/SPECIAL CIVIL APPLICATION NO. 9042 of 2025

                       ==========================================
                                       KANAKADURGA FINANCE LIMITED
                                                      Versus
                                COMMISSIONER OF TRANSPORT, GUJARAT & ORS.
                       ==========================================
                       Appearance:
                       MR PM DAVE(263) for the Petitioner(s) No. 1
                       MR NIKUN KANARA AGP for the Respondent(s) No. 1,2
                       MR. SANDIP C BHATT(6324) for the Respondent(s) No. 5
                       NOTICE SERVED for the Respondent(s) No. 3,4
                       ==========================================

                            CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                                       Date : 04/05/2026

                                                         ORAL ORDER

1. Present petition is filed by the petitioner under Article 226 of the Constitution of India and under the provisions of the Motor Vehicle Act seeking the following reliefs:-

"(A) YOUR LORDSHIPS be pleased to allow this petition by issue a writ or any other appropriate writ, order or direction, directing respondent No.2 to cancel the entry of respondent No.4 as original owner and respondent No.5 as financier for the vehicle bearing registration No.GJ-02-DJ-8233 and further be pleased to show / mention the name petitioner as financier and respondent No.3 as original owner as prayer in application dtd. 25.03.2025 in accordance with law in the interest of justice and equity.

(B) YOUR LORDSHIPS may be pleased to call for action taken report from respondent No.2 and after perusing the same, further be pleased to direct respondent No.2 and after perusing the same, further be pleased to direct respondent No.2 to take a decision on the representation dtd. 25.03.2025 in accordance with law and within stipulated time, in the interest of justice and equity.

NEUTRAL CITATION C/SCA/9042/2025 ORDER DATED: 04/05/2026 undefined (C) YOUR LORDSHIP may be pleased to pass any other direction / order as deemed fit and proper in the facts of the present case, in the interest of justice."

2. Heard Mr.Dave, learned counsel for the petitioner and Mr.Kanara, learned Assistant Government Pleader for the respondent

- authorities at length.

3. Learned counsel for the petitioner has submitted the same facts narrated in the memo of petition and has also submitted that the authority has cancelled the hypothecation issued in favour of the petitioner, which caused huge loss to the petitioner. Learned counsel for the petitioner has submitted that the respondent authority be directed to cancel the hypothecation in favour of respondent No.4 and take decision on the pending representation made by the petitioner after giving an opportunity of hearing and in accordance with law. Learned counsel for the petitioner has submitted that the application for cancellation is pending since long and the same is yet not decided and, therefore, the present petition be allowed and the respondent - authority be directed to take decision on the representation made by the petitioner within stipulated time.

4. Learned Assistant Government Pleader for the respondent - authorities has opposed the petition and has submitted that the petition being meritless deserves to be dismissed.

5. Considering the facts and circumstances of the case and the submissions made on behalf of both the sides and averments made in the petition and the fact that the application / representation for cancellation is pending since long, which is yet not decided, this Court Page 2 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon May 04 2026 Downloaded on : Tue May 05 03:20:40 IST 2026 NEUTRAL CITATION C/SCA/9042/2025 ORDER DATED: 04/05/2026 undefined is of the opinion that the petition deserves to be disposed of with a direction to the respondent - authority to decide the representation made by the petitioner within stipulated time.

6. In view of the above, the petition is allowed in part. The concerned respondent - authority is directed to decide the application / representation made by the petitioner as early as possible preferably within a period of three months in accordance with law and after giving an opportunity of hearing to the petitioner and the petitioner may agitate such grievance which is available under the law. Direct service is permitted.

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Page 3 of 3 Uploaded by V.R. PANCHAL(HC00171) on Mon May 04 2026 Downloaded on : Tue May 05 03:20:40 IST 2026