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2026 Supreme(Online)(Ker) 6233

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M/S CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD. – Appellant
Versus
THE JOINT REGIONAL TRANSPORT OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BINOY VASUDEVAN, SRI.SREEJITH SREENATH, SMT.RINCY KHADER, SMT.K.V.RAJESWARI, SHRI.AKSHAYA S.
For the Respondents: SHRI.ALAN PRIYADARSHI DEV

JUDGMENT

The 1st petitioner is a company engaged in the business of providing financial assistance to purchase vehicles. The 2nd petitioner is a registered owner of two goods carriage vehicles bearing Registration No.KL-63-9441 and Registration No.KL-40B-9355, which were purchased by the said petitioner by availing credit facility from the 1st petitioner.

2. The challenge raised in this writ petition is against Exts.P7 and P8 demand notices issued by the 1st respondent and Exts.P9 and P10 notices issued by the 2nd respondent, for recovering the motor vehicle tax arrears in respect of the said vehicles, from the 2nd petitioner, the registered owner. The challenge is raised, mainly on the ground that, as far as the said vehicles are concerned, the same were taken possession by the 1st petitioner owing to the default on the part of the 2nd petitioner in making the payment of monthly installments towards the credit facilities and later sold to third parties. To be precise, the vehicle bearing Registration No.KL-40B-9355 was taken possession by the 1st petitioner on 29.11.2022, whereas, the vehicle bearing Registration No.KL-63-9441 was surrendered at the office of the 1st petitioner on

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