1. Petitioner had purchased a two wheeler on hire purchase from the second respondent. He had also settled the entire hire purchase amount. The certificate issued by the financier was lost. However, the petitioner has produced the statement of accounts by Ext.P2, which indicates that the entire loan amounts have been satisfied. Ext.P3 was the request filed for cancellation of endorsement made with respect to the hire purchase agreement. Petitioner, however, was not able to produce the certificate, since, according to him, the same has been lost. However, he produced the statement of accounts as also the affidavit, declaring that the entire amounts have been paid. It is also to be noticed that the second respondent is no longer in existence.
2. Learned Government Pleader submits, on instructions, that the W.P.(C)No.16055 of 2013 -:2:-
application will be re-considered. Hence, Ext.P6 is set aside and the application shall be considered in accordance with sub-section (3) of Section 51. The settlement of accounts produced could be deemed as sufficient proof for consideration of the application under sub- section (3) of Section 51.
Writ petition is allowed.
K. Vinod Chandran, Judge.
sl.