IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 26320 of 2006(G) -------------------------- PETITIONER(S): --------------- BUTLER'S CHOICE INTERNATIONAL APS, FORESHORE ROAD, PALLIYIL LANE, P.D.R.BHAVAN, 1ST FLOOR, DOOR NO.39/31031, ERNAKULAM, COCHIN-682 016, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.PRASAD JACOB. BY ADV. SRI.SATISH MURTI RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, MOTOR VEHICLES DEPARTMENT, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. ADDL. RESPONDENT: 3. MR.JYOTHIKUAR, NEELANJANAM, 34/8/22, F-1, PPN NAGAR, MAMANGALAM, KOCHI – 682 025. ( IMPLEADED AS ADDL.R3 AS PER ORDER DT. 25.10.06 IN IA 14593/06) SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 26320/06 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE RESERVE BANK OF INDIA'S SANCTION TO THE PETITIONER. EXT.P2 - TRUE COPY OF THE ACKNOWLEDGEMENT DATED 27.7.06 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT. EXT.P3 - TRUE COPY OF THE MEMORANDUM OF AGREEMENT DATED 1.2.06 OF PURCHASE OF THE VEHICLE EXECUTED BY THE 3RD RESPONDENT IN THE NAME OF THE PETITIONER COMPANY. EXT.P4 SERIES – TRUE COPY OF THE PAN NO. AND TAN NO. OF THE CEO OF THE PETITIONER COMPANY. EXT.P5 - TRUE COPY OF THE PASSPWORT OF THE CEO OF THE PETITIONER COMPANY. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO.26320 OF 2006-G ----------------------------------------- JUDGMENT The petitioner is a company, which moved for endorsement of the transfer of ownership of a vehicle bearing registration No.KL-07 BD 70 in its favour. After hearing both sides, this Court issued the following interim order in this writ petition on 6.2.2007: “Heard. No provision in the Act or Rules has been brought to my notice against registering a vehicle in the name of a company, registered abroad. The vehicle in question has been purchased by the petitioner company from the additional third respondent. A formal application for transfer of the registration has also been filed. Therefore, the first respondent is directed to order transfer of ownership of the vehicle KL-07/BD 70, in favour of the petitioner. An endorsement shall be made in the Registration Certificate to the effect that the transfer is made subject to final orders in this WP(C).” In the light of the above interim order, the registration of the vehicle was already transferred to the name of the petitioner. From the statement filed by the 1st respondent, it would appear that the dispute is only regarding the address of the applicant. If the address given in the application is found not correct, the registering authority can recall the WPC 26320/06 2 registration certificate and endorse the correct address of the registered owner in it. With the above observation, the writ petition is disposed of. 3rd October, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/