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2017 Supreme(Ori) 736

B.R.SARANGI
Tata Motors Finance Ltd. – Appellant
Versus
State Transport Authority, Odisha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. J. Pal, B.K. Mishra, L. Dash, N. Behera
For the Opposite Parties : Mr. Bigyan Kumar Sharma

JUDGMENT :

B.R. Sarangi, J.

The petitioner Tata Motors Finance Limited, a company incorporated under the Companies Act, 1956, is involved in the business of financing and refinancing of the vehicles and equipments in the entire India, having its registered office at 10th Floor, 106 A & B Makar Chamber III, Jamanlal Bajaj Marg, Nariman Point, Mumbai-400021. It has its Branch Office at 1st Floor, Kashari Talkies Complex-98, Kharvel Nagar, Bhubaneswar, District-Khurda. By means of this writ petition, the petitioner-company has sought for direction to opposite party no.2 to accept the application for registration of new vehicles financed by it, register the vehicles and, while doing so, enter hypothecation endorsement as per Rule-60 of the Central Motor Vehicles Rules, 1989 (in short “Rules, 1989”) and cancel/terminate such endorsement in the registration certificate as per Rule 61 of the Rules, 1989.

2. The factual matrix of the case, in hand, is that in course of business, the petitioner-company has financed for purchasing of new vehicles to different customers and entered into hypothecation agreement for such financing and to safeguard its interest. Special provisions, with regard to h















































































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