M/S.Indusind Bank Ltd vs Joint Regional Transport Officer
2021 Latest Caselaw 18518 Ker

Citation : 2021 Latest Caselaw 18518 Ker
Judgement Date : 8 September, 2021

Kerala High Court

M/S.Indusind Bank Ltd vs Joint Regional Transport Officer on 8 September, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                       WP(C) NO. 20693 OF 2020
PETITIONER:

          M/S.INDUSIND BANK LTD.,(VEHICLE FINANCE DIVISION), JAIN
          TOWER-2, VARAPUZHA ROAD, NEAR RAILWAY OVER BRIDGE,
          EDAPPALLY, KOCHI-682024, (REPRESENTED BY ITS STATE CO-
          ORDINATOR (LEGAL) BISIN.K.S).

          BY ADVS.
          G.HARIHARAN
          SRI.PRAVEEN.H.
          SMT.K.S.SMITHA
          SRI.V.R.SANJEEV KUMAR



RESPONDENTS:

    1     JOINT REGIONAL TRANSPORT OFFICER,
          SUB REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION,
          KOTTARAKKARA-691506.

    2     ADDL. R2. FAZALUDEEN.A.K
          S/O. ABDULKHAN RAWTHER, RANI COTTAGE, MUSLIM STREET,
          KOTTARAKARA.P.O., KOLLAM DISTRICT, PIN-691506.
          (ADDL.R2 IMPLEADED AS PER ORDER DATED 13-01-2021 IN
          I.A. 1/2020 IN WP(C) 20693/2020).

          BY ADVS.
          SRI.R.MOHANA BABU
          SRI.M.AJITH (KARICODE)

          SR.GP SRI.BIMAL K NATH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20693 OF 2020
                                     2



                                  JUDGMENT

Writ petition is filed seeking the following

relief:

"(i) Issue a writ of mandamus or any other

appropriate writ, order or commanding the

respondent to issue fresh Registration

Certificate relating to vehicle No.KL-24N-

4317 on the strength of the application for

the issuance of Fresh RC as evidenced in

Exhibit P7 receipt in the name of the

petitioner if there are no orders from any

courts restraining the issuance of Fresh

RC."

2. Credit facility was sanctioned by the

petitioner to the 2nd respondent for the purchase of

a car on hypothecation arrangement. On default of

the 2nd respondent to repay the loan, the vehicle was

taken possession of by the petitioner, under the

provisions of the SARFAESI Act. The petitioner

submitted Ext P7 application before the 1 st WP(C) NO. 20693 OF 2020

respondent in terms of Section 51 of the Motor

Vehicles Act for issuance of fresh RC. It is seeking

a direction for consideration of the said

application that the petitioner has approached this

Court.

3. As per Order dated 25.03.2021, this Court had

granted an instalment facility to the 2 nd respondent

to wipe off the liability. Though time was sought

for on various occasions for compliance of the

interim direction to pay amounts, so far the 2 nd

respondent failed to avail the benefit of the same.

W.P(C) No.18445 of 2019 and O.S No.578 of 2019

instituted by the 2nd respondent were attempts to

stall the proceedings for recovery of the debt by

the petitioner. I am of the opinion that the 2 nd

respondent does not deserve any further indulgence.

Writ petition is disposed of directing the 1 st

respondent to consider the application of the

petitioner, as evidenced by Ext P7 receipt, and pass

appropriate orders on complying with the formalities WP(C) NO. 20693 OF 2020

as required under Section 51(5) of the Motor

Vehicles Act. Let orders be passed as expeditiously

as possible and at any rate within a period of one

month from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 20693 OF 2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTRATION DETAILS OF THE CAR BEARING REGISTRATION NO.KL- 24N-4317.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 14.02.2019 ISSUED ON BEHALF OF THE PETITIONER TO THE BORROWERS OF THE VEHICLE MENTIONED IN EXHIBIT P1.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.05.2019 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN M.C.NO.356/2019.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 30.05.2019 SENT BY THE PETITIONER TO THE BORROWERS OF THE VEHICLE SEEKING PAYMENT OF A SUM OF RS.3,60,947.46/- FOR CLOSING THE LOAN ACCOUNT MENTIONED ABOVE.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 09.07.2019 MADE IN W.P(C)NO.18445/2019 BY THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE PLANT FILED BY THE BORROWERS AGAINST THE PETITIONER BEFORE THE MUNSIFF COURT, KOTTARAKKARA AS O.S.NO.578/2019.

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 21.06.2019 ISSUED IN THE NAME OF THE PETITIONER BY THE RESPONDENT EVIDENCING RECEIPT OF RS.310/- FOR ISSUANCE OF FRESH RC RELATING TO VEHICLE MENTIONED IN EXHIBIT P1 ALONG WITH DETAILS OF GARAGING OF THE VEHICLE.

EXHIBIT P8 TRUE COPY OF THE CASE DETAILS RELATING TO O.S.NO.578/2019 PENDING BEFORE THE WP(C) NO. 20693 OF 2020

MUNSIFF COURT, KOTTARAKKARA.

EXHIBIT P9 TRUE COPY OF THE PETITION DATED 25.02.2020 FILED AS I.A.NO.549/2020 IN O.S.NO.578/2019 BEFORE THE MUNSIFF COURT, KOTTARAKKARA U/S 8 OF THE ARBITRATION AND CONCILIATION ACT.