Muthoot Vehicle And Asset Finance ... vs The Additional Registering ...
2021 Latest Caselaw 2076 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.308 OF 2021(K)


PETITIONER:

               MUTHOOT VEHICLE AND ASSET FINANCE LTD.
               REGISTERED OFFICE, MUTHOOT CHAMBERS,
               2ND FLOOR, OPPOSITE SARITHA THEATRE COMPLEX,
               BANERJI ROAD, ERNAKULAM, KOCHI - 683031,
               REPRESENTED BY POWER OF ATTORNEY HOLDER,
               MADHU E,.
               S/O. LATE KELAPPAN,
               VENKALLULLATHIL HOUSE,
               KAVAYAD P. O.,
               MEPPAYUR,
               KOZHIKODE - 673524.

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE ADDITIONAL REGISTERING AUTHORITY,
               CHANGANACHERRY,
               SUB REGIONAL TRANSPORT OFFICE,
               CHANGANACHERRY P. O.,
               CHANGANACHERRY - 686 101.

      2        NOUFAL P. NOUSHAD
               S/O. NOUSHAD P. H.,
               KIZHAKKUMURI HOUSE,
               PERUNNA P. O.,
               CHANGANACHERRY,
               KOTTAYAM DISTRICT,
               PIN - 686 102.



               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.308 OF 2021

                                       2




                                JUDGMENT

Dated this the 19th day of January 2021

The petitioner herein is the hypothecation

company which had financed the purchase of a Maruti

Baleno Delta Car, purchased by the second respondent

herein. Due to the default committed in repaying the

amount advanced, arbitration proceedings were

initiated and award passed. Possession of vehicle

was taken and sought permission for the sale of the

vehicle. Arbitral Tribunal granted permission to

sell the vehicle. The petitioner thereafter applied

for issuance of the R.C invoking section 51(5) of

the Motor Vehicles Act.

2. The grievance of the petitioner is that, the

application is still pending without being

considered. Ext.P4 is the application under Section

51(5)of the Motor Vehicles Act. Ext.P5 is the

application under Rule 61(2)of the Motor Vehicles

Act.

3. When the matter was taken up, the learned WP(C).No.308 OF 2021

senior Government Pleader submitted that, the

petitioner herein has not remitted the fee payable.

The learned counsel for the petitioner undertook to

remit the fee.

Having considered this, I am inclined to dispose

of the writ petition itself, directing the

petitioner to remit the prescribed fee, as

expeditiously as possible. Thereupon the first

respondent shall consider his application, as

expeditiously as possible, at any rate, within a

period of two months from the date of remittance of

the fee, after giving an opportunity to all the

necessary parties to be heard, including the second

respondent herein, if the application is otherwise

in order.

Sd/-

                                                   SUNIL THOMAS
                                                          JUDGE

Jms                    //True Copy//        P.A to Judge
 WP(C).No.308 OF 2021





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE AGREEMENT DATED
                       10.10.2017.

EXHIBIT P2             TRUE COPY OF THE RC BOOK OF KL-33 J 8883.

EXHIBIT P3             TRUE COPY OF THE ORDER DATED 18.03.2020 IN

IA NO.47/2020 IN ARB.REF.NO.76/2019.

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 03.12.2020 UNDER SECTION 51(5).

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 03.12.2020 UNDER RULE 61(2).

//True Copy// P.A to Judge