Himansu Katwani v. Indian Overseas Bank
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-11-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
1. Himansu Katwani S/o.Girdhari Khatwani, No.9, 1st Street, Kuppampet, Kombakkam, Puducherry - 605 110.
Petitioner(s) Vs.
1. Indian Overseas Bank Branch Manager, Secretariat Branch, Fort St. George, Chennai 600 009.
2.Regional Trnsport Offier At Ambattur, 10A, S Park Street, Venkatapuram Ambattur, Chennai 600 053.
3.Union Of India, Represented By The Secretary To Government, Transport Department, Government Of Puducherry.
4.The Regional Transport Officer, Puducherry, 100 Feet Road, Mudaliarpet, Puducherry 605 004.
Respondent(s)
PRAYER Directing the 4th respondent to consider the petitioners representation dated 12/09/2025 and consequently register the petitioners Porsche AG Germany car bearing chassis No.WPIZBP951 PLB13147 on receipt of the requisite fee within a time limit to be fixed by this Court For Petitioner(s):
M/s.S.T.Bharath Gowtham Sakthipooja .P Gokul T.R.
For Respondent(s):
Mr.Benjamin George For R1 Mr.L.S.M.Hasan Fizal AGP (For R2) Mr.Tamilvanan Agp(puducherry) For RR3 & 4)
O R D E R
A vehicle bearing Chasis No.WPIZBP951 PLB 13147 was originally purchased by one, IBEX IMPEX. The vehicle was given a temporary registration certificate by the Road Transport Officer, Ambattur. The temporary registration mark being T0623TN8734E. The certificate was issued on 20.06.2023. Even at the time of sale, as required under Section 51 of the Motor Vehicles Act, it was stated that the vehicle is under a Hire Purchase Agreement in favour of the 1 st respondent-M/s.Indian Overseas Bank, Secretariat Branch,
George Town, Chennai.
2. The original Hirer of the vehicle, Mr.Aryan Williams defaulted in payment of dues. Hence, the 1st respondent had taken possession of the vehicle and brought it for auction. The auction was conducted on 05.08.2025.
3. The petitioner participated in the auction and purchased the vehicle for a sum of Rs.55,97,000/-. On payment of the amount, the 1st respondent acknowledged the full payment of the aforesaid bid amount, together with 18% GST. The petitioner being a resident of Pondicherry, applied to the 4th respondent seeking permanent registration of the vehicle. While attempting the same, the petitioner came to realise that the application for registration of a new vehicle can be done only by the dealer of the car, and not by the purchaser. Since in the petitioner's case, the previous owner had failed to permanently register his car, as the current owner, he is unable to register the vehicle by availing the service provided in the 4 th respondent's website.
4. When the matter came up for admission on 14.11.2025, Mr.Benjamin George took notice for the 1st respondent, Mr.L.S.M.Hasan Fizal took notice for the 2nd respondent and Mr.Tamilvanan, AGP (P) took notice for 3rd and 4th respondents.
5. Mr.Tamilvanan submitted that as the vehicle has been registered in the State of Tamil Nadu, and as the temporary registration had not been converted into a permanent registration, they are not in a position to proceed further with the request made by the petitioner. As the ball was in Mr.L.S.M.Hasan Fizal's Court, I requested him to get instructions from the 2nd respondent.
6. Mr.Hasan Fizal reported today that the temporary registration granted on 19.06.2023 was valid till 18.12.2023, and as the period has expired, the Road Transport Officer is not in a position to cancel the said registration. He submitted that if the petitioner and the 1st respondent approach the 2nd respondent, RTO with a request to renew the temporary registration, and pay the necessary charges as required under the Act for the said purpose, the 2nd
respondent will issue a fresh temporary registration for the vehicle, which has already been expired, for a further period of 3 months, to enable the petitioner to move the 4th respondent to get permanent registration.
7. Mr.Benjamin George states that the 1 st respondent bank will co-operate fully with the request for transfer of registration and will also give a 'No Objection' Certificate as required under Sections 43, 47, 48, 51 of the Motor Vehicles Act read with Section 53 (a), (b) and (c) of the Central Motor Vehicles Act, 1989.
8. Since a way out has been found, this writ petition is ordered on the following terms:-
(1) The petitioner and the 1 st respondent bank will approach the 2 nd respondent for grant of fresh temporary certificate;
(2) On receipt of such an application, the 2 nd respondent shall conduct an enquiry in terms of Section 51 of the Motor Vehicles Act and confirm whether the original temporary registered owner, IBEX
IMPEX, has absconded or not available for enquiry;
(3) the 2 nd respondent shall receive the No Objection Certificate from the Indian Overseas Bank and grant a temporary registration certificate in favour of the petitioner, after being satisfied with the records that have been furnished by the Indian Overseas Bank;
(4) the petitioner shall take the fresh temporary registration certificate granted in his name to the 4th respondent, who after confirming that the petitioner is the resident of Pondicherry, shall cause permanent registration of the vehicle.
No costs.
18-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Maya To
1. Indian Overseas Bank Branch Manager, Secretariat Branch, Fort St.George, Chennai 600 009.
2.Regional Trnsport Offier At Ambattur, 10a, S Park Street, Venkatapuram Ambattur, Chennai 600 053.
3.Union Of India, Represented By The Secretary To Government, Transport Department, Government Of Puducherry.
4.The Regional Transport Officer, Puducherry, 100 Feet Road, Mudaliarpet, Puducherry 605 004.
V.LAKSHMINARAYANAN J.
Maya
18-11-2025