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Judgment
The 2nd respondent purchased a Mahindra XYLO vehicle bearing Registration No.KL-02/AR-6225 availing financial assistance from the petitioner Bank, under a hypothecation agreement. On account of the default committed by the 2nd respondent, the petitioner Bank initiated proceedings under the SARFAESI Act. Pursuant to the orders passed by the Chief Judicial Magistrate Court, Kollam in M.C.No.503 2016, possession of the vehicle was handed over to the petitioner. Subsequently, the petitioner submitted Ext.P3 application under sub-section (5) of Section 51 of the Motor Vehicles Act for the issuance of a fresh registration certificate. The grievance of the petitioner is that Ext.P3 application is still pending consideration before the 1st respondent.
On 09.02.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1st respondent. This Court has issued urgent notice on admission by special messenger to the 2nd respondent.
Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for the 1st respondent and also the learned counsel appearing for the 2nd respondent.
The learned counsel for the petitioner would submit that since Ext.P3 application is now pending consideration before the 1st respondent, the said respondent may be directed to take appropriate decision thereon, with notice to the petitioner and also to the 2nd respondent.
The learned Senior Government Pleader appearing for the 1st respondent would submit that despite the notice issued pursuant to Ext.P3 application, the petitioner did not turn up. However, the 2nd respondent entered appearance on 29.01.2018 and filed objection.
The learned counsel for the 2nd respondent would submit that, on receipt of notice, the 2nd respondent entered appearance before the 1st respondent on 29.01.2018 and he has also filed his objection. Considering the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 1st respondent to consider and pass appropriate orders on Ext.P3 application made by the petitioner for issuance of fresh registration certificate in respect of vehicle bearing registration No.KL-02/AR-6225, with notice to the petitioner and also to the 2nd respondent. Necessary orders in this regard shall be passed, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. It is made clear that this Court has not expressed anything on the merits of the request made by the petitioner in Ext.P3 and it is for the 1st respondent to take appropriate decision, strictly in accordance with law. All legal and factual contentions raised by the petitioner and the 2nd respondent are left open to be raised before the 1st respondent at appropriate stage.