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2003 Supreme(All) 1063

MARKANDEY KATJU, R.S.TRIPATHI
NAND AUTO HIRE PURCHASE ALIASPVT ALIAS LIMITED BADAUN – Appellant
Versus
REGIONAL TRANSPORT OFFICER KANPUR – Respondent


Advocates Appeared:
A.K.Srivastava, ANOOP TRIVEDI, Gopal Srivastava,

M. KATJU, J.

This writ petition has been filed against the impugned order dated 31-12-2001 Annexure-9 to the writ petition passed by the Additional Transport Commissioner, Head Quarter U. P. and for a mandamus directing the respondent No. 1 to issue a fresh registration certificate in favour of the petitioner company declaring the petitioner company as owner of the Truck in question.

2. The petitioner is doing business of Automobile Finance and it financed a sum of Rs. 3,80,000/- to the respondent No. 3 for purchasing the truck in question, and a Hire Purchase Agreement was entered into the registration certificate. The respondent No. 3 failed to pay the dues of the petitioner company and sold the truck to respondent No. 4 Smt. Mamta Dwivedi who allegedly assured the petitioner that the entire dues of the petitioner shall be paid by the respondent No. 4. It is alleged in paragraph 4 of the writ petition that respondent No. 4 requested that the Hire Purchase Agreement of the petitioner company may be deleted from the registration certificate and a fresh Hire Purchase Agreement may be entered showing the name of the respondent No. 5 as Financer and the name of the respondent No. 4 ma


















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