IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 27526 of 2011(M) -------------------------- PETITIONER(S): --------------- E.A.JAYAKUMAR, AGED 46 YEARS, S/O.AYYAPPAN PILLAI, VISHNU VIHAR, 50/114C, PONEVAZHY ROAD, ELAMAKKARA P.O., EDAPPALLY NORTH VILLAGE, KOCHI-26. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, ERNAKULAM, PIN-682030. 2. G MAC INDIA FINANCIAL SERVICES INDIA LTD., ARIHAN E-PARK I FLOOR, 117/1, LATTICE BRIDGE ROAD, ADYAR, CHENNAI-600 020. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 27526/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: PHOTOSTAT COPY OF THE RELEVANT PAGE OF THE REGISTRATION CERTIFICATE. EXHIBIT P2: PHOTOSTAT COPY OF THE AWARD OF THE ARBITRAL TRIBUNAL DATED 25-1-2007. EXHIBIT P3: PHOTOSTAT COPY OF THE ORDER IN OP(ARB)277/2007 DATED 20-7-2011. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27526 OF 2011 -------------------------- Dated this the 28th day of October, 2011 J U D G M E N T The petitioner purchased a motor car bearing registration No.KL 04/N 8306 after availing financial assistance from the second respondent. It appears, a dispute arose between the petitioner and the financier and the financier thereupon instituted arbitration proceedings which led to Ext.P2 award being passed by a private Arbitrator on 25.1.2007. By that award, the Arbitrator held that the petitioner is liable to pay to the financier the sum of Rs.3,30,071/- with interest at the rate of 18% per annum from 4.1.2007 till the date of realisation and costs quantified at Rs.7,150/-. The Arbitrator also declared that the financier will be entitled to take possession of the vehicle, sell it and appropriate the sale proceeds towards the award amount. The petitioner challenged Ext.P2 award in the Court of the District Judge of Ernakulam by filing OP (Arbitration) No.277 of 2007, an application under section 34 of the Arbitration and Conciliation Act, 1996. Though notice was served on the second respondent financier, the financier did not enter appearance and was set ex-parte. By Ext.P3 order passed on 20.7.2011, the Court of the District Judge allowed the OP (Arbitration) No.277 of 2007 and set aside Ext.P2 award. The petitioner thereafter filed an application WPC No.27526/2011 2 dated 17.9.2011 before the first respondent to cancel the endorsement regarding the hypothecation in the certificate of registration of his motor car. The requisite fee was also paid. The petitioner states that though copies of Ext.P2 award passed by the Arbitrator and Ext.P3 order passed by the Court of the District Judge were made available, the first respondent refused to take steps to cancel the endorsement regarding the hypothecation on the ground that the registration particulars of the motor car, which was the subject matter of the dispute between the petitioner and the second respondent, does not find a place either in Ext.P2 award or in Ext.P3 order. In this writ petition, the petitioner seeks a direction to the first respondent to pass orders on the application filed by him to cancel the endorsement regarding the hypothecation of the vehicle within a time limit to be fixed by this Court. 2. When this writ petition came up for hearing on 18.10.2011, the learned Government Pleader was directed to get instructions. When the writ petition came up for further hearing today, the learned Government Pleader appearing for the first respondent submitted on instructions that the first respondent will consider the application submitted by the petitioner for cancelling the endorsement regarding the hypothecation of his motor car with notice to the petitioner and the WPC No.27526/2011 3 second respondent and take an appropriate decision thereon. In the light of the said submission, I dispose of the writ petition with a direction to the first respondent to consider the application submitted by the petitioner for canceling the entry regarding hypothecation of his motor car in favour of the second respondent in the certificate of registration evidenced by Ext.P1 and take an appropriate decision thereon with notice to the petitioner and the second respondent expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. The first respondent shall while passing orders on the application have due regard to the fact that Ext.P2 award of the Arbitrator refers to the registration number of the motor car as also the engine number and the chassis number and that it was that award which was set aside by the District Court by Ext.P3 order passed on 20.7.2011. P.N.RAVINDRAN, (JUDGE) vps WPC No.27526/2011 4