IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27197 of 2010(Y)
1. M/S.INDUS IND BANK LTD.,
... Petitioner
Vs
1. JOINT REGIONAL TRANSPORT OFFICER,
... Respondent
2. MR.V.LAKSHMI,
For Petitioner :SRI.G.HARIHARAN
For Respondent :SRI.T.MADHU
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :10/12/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO. 27197 OF 2010
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Dated this the 10th day of December, 2010
JUDGMENT
The petitioner is a company registered under the Companies Act,
1956 and governed by the Banking Regulations Act, 1949. The second
respondent availed a loan for the purchase of a vehicle bearing registration
No.KL-11J-1206 from the petitioner-bank. On the failure on the part of
the second respondent to effect repayment of instalments towards the loan
account, appropriate proceedings were initiated against her. According to
the petitioner, pursuant thereto, the second respondent surrendered the
aforesaid vehicle. However, the learned counsel appearing for the second
respondent would submit that it was, in fact, re-possessed by the petitioner.
In the meanwhile, the petitioner has submitted Ext.P1 application for fresh
registration certificate under Section 51(5) of the Motor Vehicles Act
before the first respondent. The grievance of the petitioner is that despite
the receipt of the said application, the first respondent did not take any
action thereon.
2. I have heard the learned counsel for the petitioner, the learned
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counsel appearing for the second respondent and also the learned
Government Pleader. Considering the fact that Ext.P1application
submitted by the petitioner for fresh registration certificate under Section
51(5) of the Motor Vehicles Act is pending before the first respondent, this
Writ Petition is disposed of with a direction to the first respondent to
consider and pass orders thereon in terms of the provisions under Section
51 of the Motor Vehicles Act with notice to the petitioner and also to the
second respondent. This shall be done expeditiously, at any rate, within a
period of one month from the date of receipt of a copy of this judgment.
(C.T. RAVIKUMAR, JUDGE)
spc
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C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
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