SUNDARAM FINANCE LIMITED Vs. DAISEBAN

JUDGEMENT

(1.) These writ petitions concern almost similar issue and hence, heard and decided together.

(2.) Petitioner is a financier, who had given finance to two vehicles KL-06-7166 and KL-06-7066. Since the hirer did not comply with the terms of the hypothecation, the petitioner repossessed the vehicle on 23.4.1997 and 29.7.1997 respectively. Since the vehicle was garaged, petitioner submitted 'G' Forms to the Assistant Regional Transport Officer, Thodupuzha for the period from 1.4.1997 to 30.9.1999. Further, 'G' Forms were also submitted from 1.10.2002 to 30.6.2003 and 1.4.2004 to 30.4.2004. These 'G' Forms were not accepted by the Transport Authorities, on the ground that it was filed before the wrong authority. According to the respondents, the 'G' Forms ought to have ben filed within the specified time before the Regional Transport Officer at Idukki, whereas it was filed at Thoduppuzha office. That apart, some of the 'G' Forms were filed belatedly. According to the petitioner, the vehicles were the stage carriage vehicles and the permits were cancelled as early as on 11.3.2000. The vehicles were garaged all along after they have taken possession of the same. In the meantime, the demand had been made by the Transport Authorities claiming tax. Though the petitioner had contended that they have filed 'G' forms, the Transport Authorities did not accept the same on account of the fact that the 'G' forms were filed before the wrong authority. Petitioner had taken up the matter in appeal and thereafter, a revision was filed. However, none of the authorities accepted the contentions urged by the petitioner and confirmed demand.

(3.) During the pendency of these writ petitions, it is brought to the notice of this Court that the vehicles were in dilapidated conditions and were garaged. This Court permitted the petitioner to effect sale of the vehicle and appropriate whatever amount is available. Petitioner had filed an affidavit pursuant to the interim direction issued by this Court on 23.5.2016. As per the affidavit, the vehicles were sold for an amount of Rs.1,70,000/-. Petitioner had paid Rs.50,000/- out of the said amount to Ms. E.G.Jyothi, who had permitted the vehicle to be garaged in her land. It was parked in the said area for the last 20 years.