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2023 Supreme(Online)(KER) 5227

HIGH COURT OF KERALA
AMIT RAWAL, J
SHEELA – Appellant
Versus
JOINT REGIONAL TRANSPORT OFFICER – Respondent


Advocates:
G.HARIHARAN, PRAVEEN.H, K.S.SMITHA, V.R.SANJEEV KUMAR, GENTLE C.D, C.HARIKUMAR, SANDRA SUNNY(K/926/2020), ARUN KUMAR M.A(K/1197/2021), SRI.JUSTIN JACOB – SR.GP

JUDGMENT

Order Ext.P8 dated 14.12.2022 of the Regional Transport Officer, Angamaly, rejecting the application for renewal of permit in respect of the vehicle bearing registration No.KL-63-8598 is under challenge.

2. Petitioner is the owner of the aforementioned contract carriage mini bus having carriage permit which was valid upto 09.08.2022. The aforementioned contract carriage was purchased after obtaining a loan facility from the 2nd respondent – M/s.Shriram Transport Finance Company Ltd. An application for renewal of the permit was submitted strictly as per the provisions of Section 51 of the Motor Vehicle Act. The respondent insisted for supply of the NOC from the financier. It is on that account the renewal of the permit has been rejected. It is contended that the provisions of sub-section 7 of of the Motor Vehicle Act has not been taken into consideration while passing the impugned order as appropriate application was submitted to the financier for issuing NOC but the same was not issued.

3. Learned counsel for the Financier, though do not deny the receipt of the application for issuance of NOC, but submitted that the same was not properly signed and therefore no NOC could

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