M/S.Cholamandalam Investment And Finance Company Ltd v. The Regional Transport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN M/s.Cholamandalam Investment and Finance Company Ltd., Represented by its Authorised Officer.
... Petitioner Vs.
1.The Regional Transport Officer, Regional Transport Office, Thanjavur.
2.The Superintendent of Police, Economic Offences Wing (Ramanathapuram), Camp @ Tiruchirapalli, Trichy.
3.M/s.Halith Educational Trust, No.136, JM Street, Rahman Nagar, Medical College Road, Thanjavur - 613 004.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned pertaining to the impugned letter dated 11.06.2024 vide Na.Ka.No. 1/6
22802/E2/2022 and quash the same and further direct the first respondent to issue fresh certificate of Registration in the name of the petitioner for the vehicles bearing No.TN49 BT 1023, TN49 BT 1055 and TN49 BT 1040. For petitioner : Mr.R.Shreedhar For respondents : Mr.G.Suriyananth Additional Government Pleader for R1 Mr.Albert James Government Advocate (Crl.Side) for R2 *****
ORDER
Heard learned counsel for the petitioner, Additional Government Pleader for the first respondent and Government Advocate (Crl.Side) for the second respondent.
2. The petitioner has financed to purchase the subject vehicles bearing Registration Nos. TN49 BT 1023, TN49 BT 1055 and TN49 BT 1040 by the third respondent, who had defaulted in paying the installements to the petitioner. The petitioner appears to have also re-possessed the subject vehicles and now proposes to sell the vehicles to recover the losses suffered by the petitioner for financing the subject vehicles to the third respondent. The first respondent has rejected the request of the petitioner on the ground that the third respondent has been running several educational institutions and hence, borrowed money from 2/6
the public and that, the TNPID Court, Madurai is seized of before the case.
3. In absence of the order of the TNPID Court, Madurai, the transfer of the registration of the vehicles hypothecated to the petitioner cannot be permitted. Relevant portion reads as under:
4. In this connection, the petitioner has drawn attention to the decisions of this Court in the following cases:
1. M/s.Sundaram Finance Limited vs. The Transport Commissioner, Chennai and others in W.P.(MD)No.24829 of 2018 (decided on 18.03.2019);
2. Yes Bank Ltd. vs. The Deputy Superintendent of Police, Thanjavur 3/6
and another, in W.P.No.34669 of 2022 (decided on 23.12.2022);
3. M/s.Cholamandalam Investment and Finance Company Ltd., vs. The Superintendent of Police, Trichy and others in W.P.(MD)No.9873 of 2023 (decided on 29.09.2023);
5. Prima facie, the Court is of the view that the first respondent cannot object to transfer of the registration, merely because, the issue is pending before the TNPID Court, Madurai. However, in the fitness of things, the petitioner is directed to approach the TNPID Court.
6. Registry is directed to transmit a copy of this order to TNPID Court, Madurai. TNPID Court, Madurai, can record the same and pass suitable orders to facilitate the petitioner to take steps to transfer the ownership of the vehicle hypothecated to it.
7. Under these circumstances, this Writ Petition is disposed of by directing the petitioner to approach the TNPID Court. The TNPID Court, Madurai shall entertain the application of the petitioner and dispose of the same on merits 4/6
and pass suitable orders in terms of the above mentioned orders cited above. This Writ Petition is disposed of with above directions. No costs. Index : Yes / No 19.07.2024 Internet : Yes / No apd To 1.The Regional Transport Officer, Regional Transport Office, Thanjavur.
2.The Superintendent of Police, Economic Offences Wing (Ramanathapuram), Camp @ Tiruchirapalli, Trichy.
3.TNPID Court, Madurai.
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C.SARAVANAN, J.
apd 19.07.2024 6/6