High CourtsSingle Bench(2012) 06 KL CK 0087

Mahesh Sathyan vs Regional Transport Officer, Regional Transport Office, Kakkanadu, Ernakulam - 682030, GMAC Financial Service India Ltd, 2nd Floor, Cears Towers, Alappat Cross Road, Ravipuram, Kochi 682015 and Barclaus Investments and Loans (India) Ltd, Admin Office, 7th Floor, Bonanza, Sahar Plaza, M.V. Road, Andheri East, Mumbai - 400059, India

High Court Of Kerala · Decided on 25 June 2012

HON’BLE JUDGES
K. Surendra Mohan, J
CASE NUMBER
WP (C) .No. 10595 of 2012 (Y)

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Judgment

2 paragraphs · 222 words

K. Surendra Mohan, J.—The complaint of the petitioner is that though he had submitted Ext.P3 application for cancelling the endorsement of hypothecation of his vehicle made on his registration certificate Ext.P1, the same has not been received by the 1st respondent. According to the petitioner, the 2nd respondent who was the original financier has become a defunct company and is no longer functioning. The 3rd respondent is functioning as a collection agent. In the above circumstances, the petitioner is placed in a situation where he is not able to obtain the signature of the financier in Ext.P3. He has, in the above circumstances, approached the Consumer Disputes Redressal Forum, Ernakulam, by filing C.C.No.92 of 2011. As per Ext.P2 order, directions have been issued to the financier to execute necessary documents for the purpose of cancelling the hypothecation noted on the petitioner''s registration certificate. Though the said order is dated 03.11.2011, the same has not been complied with yet. I have heard the learned Government Pleader also.

2.

In the above circumstances, this Writ Petition is disposed of directing the 1st respondent to accept Ext.P3 application submitted by the petitioner, to make the necessary enquiries as to whether the 2nd respondent has become defunct or not and if the contention of the petitioner is right, to consider the application in accordance with law.