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2024 Supreme(Online)(KER) 5576

HIGH COURT OF KERALA
N. NAGARESH, J
GEETHA UDAYAN – Appellant
Versus
THE ROAD TRANSPORT OFFICER,ERNAKULAM – Respondent


JUDGMENT

Dated this the 28th day of February, 2024 The petitioner is the registered owner of a Tourist Bus bearing registration No.KL-51D-9647. The vehicle is hypothecated to Sakthi Finance Ltd. The vehicle has contract carriage permit and for the purpose of renewing Vehicle Permit, No Objection Certificate from the Bank is required. For getting No Objection Certificate, the petitioner filed application before the Finance Company, but there is no response from the Finance Company.

2. As per Section 51(7) of the Motor Vehicles Act, 1988, if no response is received from the Finance Company within seven days from the receipt of an application for No Objection Certificate, then the Certificate applied for shall be deemed to have been issued.

3. The petitioner made representation before the Regional Transport Authority, Ernakulam for renewal of permit in the absence of No Objection Certificate from the Finance Company. In Jayamon v. Regional Transport Authority, Cherthala and another [2015 (2) KHC 685], this Court held that the provision does not mandate production of No Objection Certificate from the financier. It speaks only of a request being made to financier and on no response, a decl

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