T.V.FIROZ ALAVI Vs. SUDHAKARAN.V

JUDGEMENT

(1.) This Contempt of Court Case is filed, alleging non-compliance with Annnexure-VI judgment dated 03.04.2018. Pursuant to notice being issued to the 1st respondent, an affidavit had been filed on 03.12.2018, contending that pursuant to the judgment, the petitioner as well as the financier had been put on notice and an order had been passed on 30.05.2018, considering the revised application filed by the financier, as provided under Section 51(5) of the Motor Vehicles Act,1988(hereinafter referred to as 'the Act').

(2.) It is stated that no decision to transfer the ownership of the vehicle was taken, since there was no application for the said purpose in the prescribed manner. It is stated that before passing of the order dated 30.05.2018, the directions in the judgment should have been complied with and in the absence of a proper application for transfer of ownership in favour of the petitioner, the request of the petitioner for transfer of Registration Certificate(RC) in the petitioner's name could not be considered.

(3.) A reply affidavit has been placed on record by the petitioner, stating that an appeal had been preferred against the issuance of fresh RC in respect of the vehicle as Annexure-IX and that, Annexure-X order has been passed by the Deputy Transport Commissioner on 26.10.2018. It is contended by the learned counsel for the petitioner that the copy of the order of the Joint Regional Transport Officer dated 30.05.2018, which is produced by the learned Special Government Pleader, is a pre-dated document. It is also contended that the copy of the order had not been served on the petitioner and that the petitioner may be permitted to challenge the order now served in accordance with law.