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2022 Supreme(Online)(KER) 4892

HIGH COURT OF KERALA
M/S. MUTHOOT VEHICLE AND ASSET FINANCE LTD. – Appellant
Versus
THE REGIONAL TRANSPORT OFFICER – Respondent


JUDGMENT

M/s.Muthoot Vehicle and Asset Finance Ltd. through instant writ petition has assailed an order Ext.P4 dated 26.04.2022 of Joint Regional Transport Officer, Thrippunithura, rejecting the prayer for issuance of registration of a vehicle bearing No.KL 39 L

1019 in their favour.

2. The facts in brief are that one John Paul had purchased the aforementioned car by obtaining a financial facility. Default was committed in making installments necessitating the petitioner to approach the concerned court under Section 9 of the Arbitration & Conciliation Act for repossession of the vehicle in view of the settlement of dispute, if any, through arbitration. The trial court allowed the ex parte application and petitioner company obtained possession as evident from the notice issued by the Advocate Commissioner dated 16.1.2020. The vehicle was later put in auction by the petitioner and was sold to one Jincy Thomas.

3. Learned counsel appearing on behalf of the petitioner submitted that the vehicle in question had incurred certain damages and was given to M/s. VTJ Motors Private Limited, NH Bypass Road, Maradu for repair works and as per the bill, the expenses incurred were Rs.22,501/- and Rs

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