IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 3787 of 2011(W) ------------------------- PETITIONER(S): --------------- INDUSIND BANK LTD,IIND FLOOR, SHALL0M TOWERS, EDAPPALLY, KOCHI-24, REP.BY AUTHORIZED OFFICER,SRI,PARTHEESH.S EXECUTIVE(LEGAL) BY ADV. SRI.K.RAJESH (AROOR) RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, KOZHIKODE DISTRICT. 2. AHAMMED SAJID, 14/61F,RAZ MANZIL, KUTTIKATTUR PO,KOZHIKODE 673 524. BY GOVT. PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.3787 of 2011 ------------------------------- Dated this the 17th day of February, 2011 J U D G M E N T The petitioner, the IndusInd Bank Ltd., is a company registered under the Companies Act, 1956 and is engaged in the business of banking and related activities. It had financed a stage carriage purchased by the second respondent. It appears the second respondent defaulted repayment and thereupon the petitioner re- possessed the vehicle. The petitioner thereafter submitted Ext.P1 petition before the first respondent to issue a fresh registration certificate in respect of the said vehicle in the name of the petitioner. The said application was submitted on 1.6.2010. This writ petition is filed aggrieved by the delay on the part of the first respondent in passing orders thereon. 2. Under section 51(5) of the Motor Vehicles Act, 1988 on such an application being made, the first respondent is bound to consider the same and pass orders thereon after issuing notice to the person who had availed financial assistance. The first respondent therefore has a statutory duty to consider and pass orders thereon expeditiously. The pleadings and materials on record discloses that Ext.P1 application was filed on 1.6.2010. The petitioner re-possessed W.P.(C) No.3787 of 2011 2 the vehicle on 6.3.2010. More than 7 months have passed after the petitioner submitted Ext.P1 application. In such circumstances, I dispose of the writ petition with a direction to the first respondent to issue notice to the second respondent as contemplated under section 51(5) of the Motor Vehicles Act and pass final orders on Ext.P1 application expeditiously and in any event within a period of two months from today. P.N. RAVINDRAN, JUDGE. nj.