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2004 Supreme(All) 1998

PRADEEP KANT, Y.R.TRIPATHI
Lakhimpur Finvest Co. Ltd. , Lakhimpur Kheri – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Appellant : Ghaus Beg.
Counsel for the Respondents: C.S.C.

JUDGMENT

Pradeep Kant, J.—The petitioner, a finance company, has approached this Court against the order dated 6.5.2003 passed by the Assistant Regional Transport Officer (Administration), Lakhimpur Kheri, by means of which its prayer for granting fresh registration under Section 51 (5) of the Motor Vehicles Act, 1988, hereinafter referred to as the Act, has been rejected.

2. The undisputed facts of the case are that the petitioner company, which is registered under the Indian Companies Act, 1956, has its Head Office at Lakhimpur. It deals with motor vehicle finance and, thus, supplies vehicles on the basis of hire-purchase agreement to the interested parties. The petitioner company also comes within the definition of the term "dealer" as defined under Section 2 (8) of the Act. On the basis of hire-purchase agreement, a Mahindra and Mahindra Jeep was purchased by the respondent No. 4, for which the petitioner company advanced the finances. In pursuance of the said facility of providing finances, a hire-purchase agreement was entered into between the petitioner company and the respondent No. 4 on 19th July, 2002. The agreement provided for the payment of the amount advanced in given






































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