IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 27197 of 2010(Y) --------------------------------------- PETITIONER(S): ----------------------- M/S.INDUS IND BANK LTD., (VEHICLE FINANCE DIVISION), "SHALOM TOWERS", 34/138-D BYE PASS NORTH END, EDAPPALLY, KOCHI-682 024, REP. BY ITS LEGAL EXECUTIVE PARTHEESH S. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, KASARAGOD-671 121. 2. MR.V.LAKSHMI, KOLOTU HOUSE, KOLATHOOR P.O., CHENGALA VIA., PIN-671 541, KASARAGOD. R1 BY GOVERNMENT PLEADER SRI.M.A. ASIF R2 BY ADV. SRI.T.MADHU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO.27197/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPLICATION DATED 22/10/2008 FILED BEFORE THE 1ST RESPONDENT. P2 COPY OF THE COMMON JUDGMENT MADE IN WP(C) NO. 23599/2008 & WP(C) 23600/2008 DATED 03/06/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 27197 OF 2010 -------------------------------------------- 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 W.P.(C) NO.27197/2010 2 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 W.P.(C) NO.27197/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.27197/2010 4 W.P.(C) NO.27197/2010 5