Kerala High Court
Sandeep Paul vs The Joint Regional Transport ... on 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
WP(C) NO. 24061 OF 2023
PETITIONER/S:
SANDEEP PAUL,
AGED 38 YEARS
S/O. P.K. PAVUNNY, PALATTY HOUSE, KARUKUTTY. P. O,
ERNAKULAM, PIN - 683 576.
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
AYYAPPADAS V
RESPONDENTS:
1 THE JOINT REGIONAL TRANSPORT OFFICER (JT. RTO),
SUB REGIONAL TRANSPORT OFFICE, ALUVA, ERNAKULAM,
PIN - 683 101.
2 KOTAK MAHINDRA PRIME LTD.,
4TH FLOOR, THADIKARAN CENTRE, PALARIVATTOM, COCHIN ,
REP. BY ITS AUTHORIZED OFFICER., PIN - 682 025.
3 SHAHILSHA A. N,
SAINA MANZIL, VEVUKAD, UDYOGAMANDAL P. O, ELOOR NORTH,
ERNAKULAM, PIN - 683 501.
SRI. S.GOPINATH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 24061/2023 :2:
DINESH KUMAR SINGH, J.
---------------------------------------------------------
W.P.(C). No. 24061 of 2023
---------------------------------------------------------
Dated this the 8th day of September, 2023.
JUDGMENT
The petitioner, who is an auction purchaser of the vehicle
bearing registration No. KL-41-K-1222, has filed this writ petition,
aggrieved by Ext.P3 order dated 13.06.2023, whereby the first
respondent has rejected the application for providing fresh registration
certificate to the said vehicle after it was repossessed by another
financier.
2. Initially, the said vehicle was financed by the Volkswagen
Finance Private Limited and the said company closed down its
operations and assigned its loan to Kotak Mahindra Prime Limited, vide
Ext.P4 agreement dated 15.09.2021. It appears that when the first
respondent passed Ext.P3 order, the said assignment agreement was
not before the authority. Therefore, the application for fresh
registration to the vehicle in question came to be rejected, as per
Ext.P3 order. The assignment agreement is an important document
which needs to be considered for issuing fresh registration to the
vehicle.
3. Therefore, the present writ petition is allowed and Ext.P3
order is set aside and the matter is remitted back to the first
respondent to decide the application filed by the petitioner for fresh
registration of the vehicle, after taking into consideration Exts.P5 to P8
documents. The petitioner is directed to submit those documents
before the first respondent within a period of one week from today.
The first respondent shall pass a fresh order on Ext.P2 application
within a period of one month thereafter.
With the aforesaid direction, the present writ petition stands
finally disposed of.
sd/-
DINESH KUMAR SINGH,
JUDGE.
Rv
APPENDIX OF WP(C) 24061/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE VEHICLE RELEASE ORDER DATED
06.12.2022 ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P2 TRUE COPY OF THE APPLICATION DATED 09.12.2022
FOR ISSUANCE OF FRESH CERTIFICATE OF
REGISTRATION SUBMITTED BY THE 2ND RESPONDENT
BEFORE THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER DATED 13.06.2023 ISSUED
BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE ASSIGNMENT AGREEMENT DATED
15.09.2021 ENTERED BETWEEN THE VOLKSWAGEN
FINANCE PRIVATE LIMITED AS THE ASSIGNOR AND THE
KOTAK MAHINDRA PRIME LIMITED AS THE ASSIGNEE
Exhibit P5 TRUE COPY OF THE ASSIGNMENT AGREEMENT ENTERED
INTO BETWEEN THE 2ND RESPONDENT AND THE
VOLKSWAGEN FINANCE PVT. LTD
Exhibit P6 TRUE COPY OF THE ENTRY IN THE PORTFOLIO ANNEXED
TO EXT. P-5 AGREEMENT COVERING THE TRANSACTION
IN RELATION TO THE VEHICLE BEARING REG. NO. KL-
41/K 1222
Exhibit P7 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY
THE VOLKSWAGEN FINANCE PVT. LTD. IN FAVOUR OF
THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE STATEMENT OF ACCOUNT
MAINTAINED BY THE 2ND RESPONDENT IN RELATION TO
THE VEHICLE BEARING REG. NO. KL-41/K 1222.
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
