STATE TRANSPORT AUTHORITY Vs. TATA MOTORS FINANCE LTD

JUDGEMENT

(1.) It is seen that the State Transport Department has complied with the order dtd. 17/8/2017 passed by the learned Single Judge in W.P.(C) No.7544 of 2017 and endorsed the termination of hypothecation in the certificate of registration in accordance with Sec. 51 of the Motor Vehicles Act and Rule 60 and 61 of the Central Motor Vehicles Rules, 1989. The learned Single Judge was also of the view that "the Registering Authority cannot refuse endorsement of hypothecation and cancellation thereof in the certification of registration on the grounds not permissible in law".

(2.) The said judgment has not been stayed by this Court and has held the filed for more than five years now. In the circumstances, the Court sees no reason to interfere with the impugned order at this stage. Even on merits, the Court finds no reason to interfere as the requirement for making endorsement of hypothecation or cancellation thereof on the certification of registration is not connected to the renewal of trade certificate issued in favour of the finance company.

(3.) The writ appeal is, accordingly, dismissed.