Kerala High Court
Kotak Mahindra Bank Ltd vs Registering Authority on 29 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.5609 OF 2021(A)
PETITIONER:
KOTAK MAHINDRA BANK LTD
OPP. HOTEL INTERNATIONAL KANAKA DAMODAR BUILDING,
VEEKSHNAM ROAD, KACHERIPADI,
ERNAKULAM-682 035
REPRESENTED BY ITS SENIOR MANAGER C.K.SAFEER.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 REGISTERING AUTHORITY
SUB REGIONAL TRANSPORT OFFICE,
BYE-PASS ROAD,
ALUVA, ERNAKULAM DISTRICT-683 101.
2 MUHAMMED KASIM
MANAGING DIRECTOR,
M/S. KAASMA PVT. LTD., EP/IX/546,
BHADARIYA MASJID CENTRE, PUKKATTUPADY, EDATHALA P.O.,
ALUVA, ERNAKULAM DISTRICT-683 561.
R2 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
R2 BY ADV. SRI.A.R.DILEEP
R2 BY ADV. SRI.P.J.JOE PAUL
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).5589/2021(W), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P(C).5609 and 5589 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.5589 OF 2021(W)
PETITIONER:
KOTAK MAHINDRA BANK LTD.,
OPP. HOTEL INTERNATIONAL,
KANAKA DAMODAR BUILDING,
VEEKSHNAM ROAD, KACHERIPADI, ERNAKULAM - 682035,
REPRESENTED BY ITS SENIOR MANAGER C. K. SAFEER.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 REGISTERING AUTHORITY
SUB REGIONAL TRANSPORT OFFICE,
BYE-PASS ROAD, ALUVA,
ERNAKULAM DISTRICT - 683101.
2 MUHAMMED KASIM
MANAGING DIRECTOR, M/S KAASMA PVT. LTD.,
EP/IX/546, BHADRIYA MASJID CENTRE,
PUKKATTUPADY, EDATHALA P. O.,
ALUVA, ERNAKULAM DISTRICT - 683 561.
R2 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
R2 BY ADV. SRI.A.R.DILEEP
R2 BY ADV. SRI.P.J.JOE PAUL
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).5609/2021(A), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P(C).5609 and 5589 of 2021
3
JUDGMENT
Petitioner herein is a company which is engaged in financing
automobiles. Second respondent had availed a loan for the purchase of
a vehicle and on the basis of the loan advanced, vehicle was purchased.
Hypothecation was endorsed on the RC book. It was temporarily
registered within the jurisdiction of the first respondent and temporary
registration number was allotted. Thereafter, default was committed
and accordingly, arbitration proceedings were initiated. By due process
of law, possession was taken. Thereafter, petitioner got the body built
and applied for issuing fresh registration in the name of the petitioner.
The application was refused to be received by the first respondent on
the ground that, there was an objection from the second respondent.
The relief sought by the petitioner is for a direction to receive the
application for further registration as mentioned in Ext.P2.
2. Heard the learned counsel for the petitioner and the second
respondent who is the original RC owner of the vehicle.
3. Having considered the entire facts and after hearing the
learned counsel for the petitioner, learned counsel for the second
respondent and learned Senior Government Pleader who opposed the
application on the ground that there was late production of the vehicle,
I am inclined to dispose of the Writ Petition itself directing the first
respondent to pass orders on Ext.P2 in accordance with law, if it is
W.P(C).5609 and 5589 of 2021
otherwise in order, after giving a reasonable opportunity to the
petitioner and the second respondent and pass appropriate orders as
expeditiously as possible, at any rate, within a period of four weeks from
the date of receipt of a copy of this judgment.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).5609 and 5589 of 2021
APPENDIX OF WP(C) 5609/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INVOICE NO.VSE/19-20/421
DATED 20.8.2019 ISSUED BY M/S. AUTOBAHN
TRUCKING CORPORATION PVT. LTD.,
NEDUMBASSERY, ERNAKULAM DISTRICT IN THE
NAME OF THE 2ND RESPONDENT WITH NOTING OF
ENDORSEMENT OF HYPOTHECATION IN THE NAME OF
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION
CERTIFICATE NO.KL/41/TMP/2019/5333 ISSUED
BY THE IST RESPONDENT IN THE NAME OF THE
2ND RESPONDENT ON 30.8.2019.
EXHIBIT P3 TRUE COPY OF ORDER MADE BY THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE-VII IN
I.A.NO.1/2020 IN CMA (ARB).288/2020.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
30.11.2020 ISSUED BY THE SOLE ARBITRATOR IN
I.A.NO.2/2020 IN
ACP.NO.KMBL/LCV/1382429/1537/2019.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY M/S.
BIG-B BODY BUILDERS, PUTHUPPADY P.O.,
PERUMATTOM, MUVATTUPUZHA IN FORM 22A
15.2.2021 RELATING TO THE VEHICLE MENTIONED
IN EXHIBIT P1.
W.P(C).5609 and 5589 of 2021
APPENDIX OF WP(C) 5589/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INVOICE NO.VSE/19-20/422
DATED 20.08.2019 ISSUED BY M/S AUTOBAHN
TRUCKING CORPORATION PVT. LTD.,
NEDUMBASSERY, ERNAKULAM DISTRICT IN THE
NAME OF THE 2ND RESPONDENT WITH NOTING OF
ENDORSEMENT OF HYPOTHECATION IN THE NAME OF
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION
CERTIFICATE NO.KL/41/TMP/2019/5334 ISSUED
BY THE 1ST RESPONDENT IN THE NAME OF THE
2ND RESPONDENT ON 30.08.2019.
EXHIBIT P3 TRUE COPY OF THE ORDER MADE BY THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE -
VII IN I.A.NO.1/2020 IN CMA (ARB) 290/2020.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
30.11.2020 ISSUED BY THE SOLE ARBITRATOR IN
I.A.NO.2/2020 IN
ACP.NO.KMBL/LCV/1382433/1536/2019.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY M/S
BIG-B BODY BUILDERS, PUTHUPPADY P. O.,
PERUMATTOM,MUVATTUPUZHA IN FORM 22A O
15.02.2021 RELATING TO THE VEHICLE
MENTIONED IN EXHIBIT P1.
