High Court of KeralaWP(C)/27646/2015disposed of

State Bank Of Travancore v. The Regional Transport Officer

2015-09-18Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 27646 of 2015 (E) ---------------------------- PETITIONER(S):

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1. STATE BANK OF TRAVANCORE STRESSED ASSETS RESOLUTION CENTRE, IIND FLOOR CHANDRASEKHARAN NAIR STADIUM, PALAYAM VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033 REPRESENTED BY ITS CHIEF MANAGER.

2. KESAVAN NAIR P., S/O. PADMANABHAN NAIR P., T.C 15/544/1, ARAPPURA CSM NAGAR, HOUSE NO. 57/1, EDAPAZHANJI THIRUVANANTHAPURAM.

BY ADVS.SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENT(S):

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1. THE REGIONAL TRANSPORT OFFICER THIRUVANANTHAPURAM.

2. SASIKUMAR J.

S/O. JUSTUS Y, ANJALI, T.C 19/331 (2) VPS 300 (B), OPP. MELAMCODU TEMPLE, AMBEDKAR ROAD ARAMADA P.O., THIRUVANANTHAPURAM -695 010.

R BY GOVERNMENT PLEADER SMT.SANJEETHA.K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015 ALONG WITH W.P.(C) NO.27650/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27646 of 2015 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1-TRUE COPY OF THE NOTICE UNDER SECTION 13 (2) OF THE SARFAESI ACT DATED 23/11/2009 ISSUED BY THE PETITIONER BANK. EXHIBIT-P2-TRUE COPY OF THE MAHAZAR PREPARED BY THE ADV. COMMISSIONER. EXHIBIT-P3-TRUE COPY OF THE NOTICE OF SALE PUBLISHED IN MATHRUBHUMI DAILY DATED 28/05/2015 BY THE PETITIONER BANK. EXHIBIT-P4-TRUE COPY OF THE CERTIFICATE OF SALE ISSUED IN FAVOUR OF THE 2ND RESPONDENT BY THE AUTHORISED OFFICER OF THE PETITIONER BANK.

EXHIBIT-P5(A)-TRUE COPY OF THE FORM 36 OF THE MOTOR VEHICLES RULES. EXHIBIT-P5(B)-TRUE COPY OF THE FORM NO. 29 OF THE MOTOR VEHICLE RULES. EXHIBIT-P5(C)-TRUE COPY OF THE FORM NO. 30 OF THE MOTOR VEHICLES RULES EXHIBIT-P6-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT.

EXHIBIT-P7-TRUE COPY OF THE RECEIPT PROVIDED BY THE INWARD SECTION OF THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) Nos.27646 & 27650 of 2015 --------------------- Dated this the 18th day of September, 2015

J U D G M E N T

Ext.P4 sales certificate issued under Rule 7

(2) of the Security Interest (Enforcement) Rules, 2002 is prima facie evidence of title in favour of the second petitioner. Section 13(6) of the SARFAESI Act clarifies that the property vests in the transferee as if the transfer had been made by the owner of the secured asset. There can therefore be no inhibition in law in registering the vehicle sold under the SARFAESI Act in favour of the second petitioner. The first respondent is directed to do the needful pursuant to Ext.P6 application within a period of three weeks. The Writ Petitions are disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.