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1993 Supreme(Mad) 509

A.R.LAKSHMANAN
Sundaram Finance Limited – Appellant
Versus
The Regional Transport Commissioner, Madurai and another – Respondent


Advocates:
T.K.Seshadri, for Petitioner. V.R.Rajasekaran, Government Advocate, for Respondent No.1.

Judgment :

The petitioner-company is a public limited company incorporated under the provisions of the Indian Companies Act, 1913. It carries on business of hire purchase on vehicles, machinery, equipments and also leasing of machinery and equipments. It filed the abovewrit petition for the following relief: To issue a writ of certiorarified mandamus by calling for the records of the 1st respondent in No.l05385/A4/93, dated 2. 1993 and quash the same and further direct the 1st respondent to issue a fresh Registration Certificate under Sec.51(5) of the Motor Vehicles Act (hereinafter referred to as the Act) in relation to the vehicle TN 59 A 0144 in favour of the petitioner-company.

.2. In the course of business, the petitioner was approached by the 2nd respondent during May, 1990, with a request to purchase a new Ashok Leyland Chassis from the dealers M/s.T.V.Sundaram Iyengar and Sons Ltd., Madurai, and let it on hire to the 2nd respondent (hirer) under hire purchase system. The petitioner and the 2nd respondent entered into a hire purchase agreement dated 25. 1990 wherein one P.V.Kandaswami of Madurai, joined as a guarantor. The total hire purchase amount of Rs.4,00,993 is payable




































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