AMJATH P S Vs. MANAGER, INDUSIND BANK LTD

JUDGEMENT

(1.) The petitioner, who has availed a vehicle loan from the IndusInd Bank Limited, is before this Court seeking to direct respondents 1 and 2 to issue No Objection Certificate and duly signed Form No.35 in respect of vehicle No.KL-63A-4807 as provided under Rule 61 of the Central Motor Vehicles Rules, 1989. The petitioner also seeks to direct the 3rd respondent to cancel the endorsement of hypothecation on receipt of necessary documents including Form No.35 from respondents 1 and 2.

(2.) The petitioner states that though the petitioner had availed a vehicle loan from the Bank for purchase of the vehicle, the entire outstanding loan amount has been repaid. Now, the endorsement of hypothecation has to be removed from the Registration Certificate. Unless respondents 1 and 2 issue No Objection Certificate, the petitioner cannot get the endorsement on Registration Certificate removed. Respondents 1 and 2 are not issuing NOC.

(3.) Standing Counsel for respondents 1 and 2 entered appearance and resisted the writ petition. On behalf of respondents 1 and 2, it is submitted that they will not fall under the definition of 'State' contemplated under Article 12 of the Constitution of India. Respondents 1 and 2 are not instrumentalites of the State. Therefore, the writ petition is not maintainable.