Icici Bank Limited vs The Joint Regional Transport ...
2021 Latest Caselaw 19603 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                             WP(C) NO. 14145 OF 2021
PETITIONER:

              ICICI BANK LIMITED
              ZONAL OFFICE, PUSHAPAMANGALAM ESTATE, NH BYPASS ROAD,
              EDAPPALLY, ERNAKULAM, KOCHI - 682024, REPRESENTED BY
              AUTHORISED SIGNATORY / MANAGER SHIBIN P.

              BY ADV I.DINESH MENON



RESPONDENTS:

     1        THE JOINT REGIONAL TRANSPORT OFFICER/ ADDITIONAL
              REGISTERING AUTHORITY
              TALIPARAMBA, JOINT REGIONAL TRANSPORT OFFICE, THALIPARAMBA
              P. O., THALIPARAMBA - 670141.

     2        BABU K. P.
              AGED 63 YEARS
              S/O. C. P. KARUNAKARAN, KUNNIPARAMBATH HOUSE, KARIVELLOOR
              P. O., PAYYANNUR, KANNUR - 670521.

              BY ADVS.
              JAWAHAR JOSE
              CISSY MATHEWS
              JAISON ANTONY
              BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                           SATHISH NINAN, J.
             = = = =   = = = = = = = = = = = = = =
                  W.   P. (C) No.14145 of 2021
             = = = =   = = = = = = = = = = = = = =
          Dated this   the 17th day of September, 2021

                         J U D G M E N T

The petitioner confines his relief for a direction

to the first respondent to consider Ext.P2 application

filed in terms of Section 51(5) of the Motor Vehicles

Act, 1988 for issuance of fresh Registration

Certificate.

2. Heard Sri.I.Dinesh Menon, learned counsel for

the petitioner, learned Government Pleader for the first

respondent and Sri.Jawahar Jose, learned counsel for the

second respondent.

3. The stage carriage vehicle bearing No.KL-59Q

1959 was purchased by the second respondent by availing

credit facility from the petitioner Bank. According to

the petitioner, consequent on the default in payment of

the loan amounts, the petitioner took possession of the

vehicle through the proceedings before the Chief

Judicial Magistrate under the Securitisation and W. P. (C) No.14145 of 2021

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002. Pursuant thereto, the

petitioner submitted Ext.P2 application before the first

respondent seeking issuance of fresh certificate of

registration in the name of the petitioner.

4. The second respondent contends that, the taking

over of possession was not in accordance with the

provisions of the SARFAESI Act and Rules, and that, he

understands that the petitioner has purported to

transfer the vehicle to a third party in violation of

and without complying with the provisions of the

SARFAESI Act and Rules. The second respondent further

contends that, challenging the taking over of possession

of the vehicle and the subsequent sale, he has

approached the Debt Recovery Tribunal, Ernakulam in SA

163/2021 and the same is pending. The interlocutory

application moved therein is not being considered by the

Tribunal for the reason of pendency of this writ

petition. In the meanwhile, a consideration of the W. P. (C) No.14145 of 2021

application for fresh RC will cause prejudice, contends

the 2nd respondent.

5. Section 51(5) of the Motor Vehicles Act provides

for the cancellation and issuance of a fresh

Registration Certificate in the name of the financier

from whom the registered owner had availed facility, if,

the registered owner failed to adhere to the terms of

the agreement with financier and consequently the

financier has taken possession of the vehicle from the

registered owner. According to the petitioner, both the

conditions are satisfied in the present case and hence

fresh RC is liable to be granted.

6. The cancellation and issuance of fresh

certificate of registration can be done only with due

notice and an opportunity of hearing to the registered

owner. When Ext.P2 application has been submitted by the

petitioner-financier before the first respondent in

terms of Section 51(5) of the Motor Vehicles Act, the

authority is bound to consider the same unless there are W. P. (C) No.14145 of 2021

any interdictory orders. As noticed above, Section 51(5)

postulates an opportunity of hearing to the registered

owner. On such notice being given, it shall necessarily

be open for the second respondent to place his

objections before the first respondent. Needless to say

that the first respondent will have to consider the

objections and pass appropriate orders.

7. In the circumstances, Ext.P2 application is

liable to be considered by the first respondent, in due

compliance with Section 51(5) of the Motor Vehicles Act.

Needless to say that the second respondent shall be put

on notice and afforded an opportunity of hearing while

considering Ext.P2 application.

8. As regards the proceedings pending before the

Debt Recovery Tribunal as SA 163/2021 and the

interlocutory relief sought for therein, the Tribunal

shall consider the interim relief sought for and pass

appropriate orders within a period of two weeks from the

date of receipt of a copy of this judgment. It will be W. P. (C) No.14145 of 2021

open for the petitioner or the second respondent to

place a copy of this judgment before the Tribunal, for

compliance.

Writ petition is allowed as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 14145/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY ORDER IN CMP 1768/2020 DATED 09.12.2020 OF CJM, THALASSERY.

Exhibit P2 TRUE COPY OF THE APPLICATION FRESH RC BOOK FOR KL-59 Q 1959 DTED 23.03.2021.

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