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2025 Supreme(Online)(Cal) 2978

CALCUTTA HIGH COURT
Om Narayan Rai, J
Mala Sharma @ Sarma – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Jagriti Mishra, Ms. Ananga Bhattacharya, Ms. Mrinmayee Das
For the Respondents: Mr. Momenur Rahaman, Mr. B. Bose, Mr. Milindo Paul, Mr. Nabankur Paul, Ms. Sutapa Sen Paul, Mr. B. Bose, Mr. Subham Das, Mr. B. Ghosh

The petitioner is aggrieved by non-transference of the registration of the vehicle bearing no. WB 73/E

973 in favour of the petitioner.

The aforesaid vehicle was initially owned by a person who had availed financial assistance from the respondent no.4 i.e. Cholamandalam Investment & Finance Company. Such erstwhile owner defaulted on repayment of the credit facilities availed by such person and was ultimately declared to be a wilful defaulter. The vehicle of such person was then sold in auction and the petitioner purchased the same upon being declared the successful bidder.

Upon having purchased the vehicle, when the petitioner went to get the registration of such vehicle (which stood in the name of the erstwhile owner thereof) be transferred in the name of the petitioner, such request was declined by the respondent transport authorities on the ground that the erstwhile owner of the vehicle had lodged a complaint Challenging such refusal to transfer the registration of the vehicle in the name of the petitioner, the petitioner approached this Court by filing a writ petition being WPA 2450 of 2021. The said writ petition was ultimately disposed of by directing the respondent authorities

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