Madras High CourtWP/7115/2020disposed of

Yes Bank Ltd v. The Regional Transport Officer

2023-01-30Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.

of Yes Bank Limited, Rep. by its Senior Manager Legal Gunaseelan, No.143/1, Nungambakkam High Road, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

.. Petitioner Vs.

1. The Regional Transport Officer, Coimbatore - West, T-7, 100 Feet Road, Kovai Pudhur, Coimbatore - 641 042.

2. Vignesh Kumar. S

3. Latha. S .. Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the first respondent to lift the order of black listing of Vehicle No.TN99S0060 and direct the first respondent to permit the endorsement of the registration certificate in the name of the auction purchaser in accordance with law. For Petitioner : Mr.V.M.Shivakumar for M/s.Shivakumar and Suresh 1/4

For Respondent 1 : Mr.N.Nareen Kumar Government Advocate For Respondents 2 & 3 : Mrs.V.Geetha Rani - - - - -

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to remove the entry of blacklisting of the vehicle bearing No.TN99S0060 and direct the first respondent to permit the endorsement of the registration certificate in the name of the auction purchaser.

2. The petitioner is a Private Bank and they had offered vehicle loan to the second respondent to purchase a Car. The said vehicles are hypothecated in favour of the petitioner Bank. Due to non-payment of the loan, the petitioner Bank had obtained possession of the said vehicle.

3. The grievance of the petitioner is that the petitioner is unable to proceed with the sale of the Vehicle in view of the impugned communication received from the first respondent indicating that the vehicle, which was repossessed by the petitioner, is blacklisted. 2/4

4. This Court is unable to find any statutory backing in the endorsement or in the communication that was sent by the second respondent to the first respondent. The petitioner had taken repossession of the vehicle and they are in a position to sell them in accordance with the hire purchase agreement, which they had entered into with the second respondent.

5. Such view of the matter, the first respondent is directed to effect name transfer of the vehicle bearing No.TN99S0060 in the name of the auction purchaser, as per law.

6. With the above direction, this writ petition is disposed of. No costs. 30.01.2023 Index : Yes / No : Yes / No kk To The Regional Transport Officer, Coimbatore - West, T-7, 100 Feet Road, Kovai Pudhur, Coimbatore - 641 042.

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N.SATHISH KUMAR, J.

kk 30.01.2023 4/4