HDB FINANCIAL SERVICES LIMITED v. STATE OF UP AND 3 OTHERS
WRIA/13063/2025 · 2025-09-10
Amitabh Kumar Rai, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91439 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13063 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 3. 2. The petitioner by means of present writ petition has prayed for following relief:-
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2/3 to issue fresh registration certificate in the favour of the petitioner's company expeditiously if possible some short period, which may be fixed by this Hon'ble Court. ii. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. iii. To award the cost of writ petition to the petitioner as against the respondents."
3. The petitioner is a finance company and has granted loan to respondent no.4-Farooq for purchase of a vehicle bearing Registration No.UP-24-T-
5760. 4. According to the petitioner, respondent no.4 has defaulted in payments of EMI, and therefore, the petitioner has issued legal notice to the respondent no.4 for default in payment of EMI against the Loan Account No.37330230. Thereafter, petitioner has approached the respondent-authority to issue fresh registration certificate in favour of petitioner under Rule 61(2) of the Central Motor Vehicles Rules, 1989 (Form 36). 5. The grievance of the petitioner is that respondent no.3 is not issuing fresh Versus Counsel for Petitioner(s) : Jawahir Yadav Counsel for Respondent(s) : C.S.C. Hdb Financial Services Limited .....Petitioner(s) State Of Up And 3 Others .....Respondent(s)
registration certificate transferring the vehicle in question in favour of the petitioner despite repeated requests made by the petitioner. 6. Learned Standing Counsel states that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider the grievance of the petitioner. 7. Considering the facts and circumstances of the case and without adverting into the merits of the case, the writ petition is disposed off permitting the petitioner to file a fresh representation alongwith certified copy of this order raising all his grievances before the respondent no.3-Assistant Regional Transport Officer, Region Budaun, District Budaun within a period of one month from today.
In case, any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same in accordance with law after giving due notice and opportunity of hearing to the petitioner as well as to the respondent no.4 within a period of two months thereafter from the date he receives the representation of the petitioner. September 11, 2025 Sattyarth WRIA No. 13063 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad