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2021 Supreme(Ker) 234

SUNIL THOMAS
Hinduja Leyland Finance Limited – Appellant
Versus
Registering Authority Vadakara – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. I. Dinesh Menon.
For the Respondents: Smt. P. Asha, Smt. M. Vanaja, Bimal K. Nath.

JUDGMENT :

SUNIL THOMAS, J.

1. The petitioner in W.P. (C) No. 5176/2021 is a finance company dealing with automobile financing. They had financed a stage carriage number KL 18 R 5664 owned by the second respondent. The installments due were regularly remitted but after some time default was committed. Possession of the vehicle was taken with notice to the second respondent in 2018. RC owner had refused to handover the original RC book. Thereafter, since amount was not repaid in spite of long lapse of time, the petitioner applied for fresh RC under section 51(5) evidenced by Ext.P2. It seems that no order has been passed by the first respondent RTO in spite of long delay on a premise that RC owner has raised an objection regarding issuance of fresh RC. Hence the writ petition is filed for a direction to the first respondent to issue fresh RC.

2. The second respondent in W.P. (C) No. 5176/2021 is the writ petitioner in W.P. (C) No. 3661/2021. She is the RC owner of the vehicle involved in the above writ petition. The writ petitioner in W.P. (C) No. 5176/2021, the financier, is the third respondent in this writ petition. The case of the petitioner is that, the stage carriage which was pu

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