IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
ITI FINANCE LIMITED – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. financier loan default leads to termination dispute. (Para 1) |
| 2. hearing parties before issuing directions. (Para 2 , 3) |
| 3. mandate expeditious consideration of representation. (Para 4) |
JUDGMENT
The petitioner Company had extended financial assistance to the 5th respondent for the purchase of a vehicle bearing registration No.KL-02-BL-9601. The 5th respondent defaulted repayment. According to the petitioner, since the vehicle is being held under hypothecation agreement with an entry to that effect in the certificate of registration, the procedure prescribed under Sec.51(3) of the Motor Vehicles Act, 1988 has to be followed for cancellation of such entry. On an application made by the 5th respondent, the 3rd respondent sanctioned termination of the agreement without notice to the petitioner. The petitioner has filed Ext.P5 representation before the 6th respondent seeking cancellation of the registration of the vehicle and for issuance of fresh Certificate of Registration in the name of the petitioner. The limited prayer of the petitioner in the writ petition is for a direction to the 6th respondent to consider Ext.P5 representation.
2. Heard the learned counsel for
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