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2011 Supreme(Online)(KER) 26547

HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
M K BENOY – Appellant
Versus
JOINT REGIONAL TRANSPORT OFFICER – Respondent


JUDGMENT

K.T.Sankaran, J.

The additional third respondent in W.P.(C) No.27758 of 2010 is aggrieved by the judgment dated 3rd March, 2011 in the Writ Petition.

2. The Writ Petitioner Mini Simon is the owner of a stage carriage bearing registration No.KL-36/A-3575. M/s.Magna Fincorp Ltd., the second respondent in the Writ Petition, provided finance for the vehicle. There was default in payment of instalments. The financier repossessed the vehicle on 6.6.2010. Notice was issued to the Writ Petitioner. However, she did not pay the amount. The financier took steps to sell the vehicle. The vehicle was sold to the additional third respondent M.K.Benoy for a sum of ` 7 lakhs. Benoy paid the amount. Possession of the vehicle was given to Benoy.

3. The financier filed an application to the registering authority for issue of a fresh registration certificate alleging that the owner of the vehicle did not surrender the original registration certificate. The registering authority passed Exhibit R3(c) order allowing the application. That order was challenged by the owner of the vehicle Mini Simon in the Writ Petition.

4. The Writ Petition was disposed of by the judgment dated 3rd March, 2011 with the

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