The contentions of the petitioner are with respect to a finance which is claimed to have been closed. The petitioner had purchased a vehicle with finance from the 2nd respondent. On seeking renewal of permit, the petitioner was required to produce the No Objection Certificate. When such renewal was sought in the year 2004, the additional Registering Authority had heard the petitioner and the 2nd respondent. In Ext.P3 order, it was specifically found that the petitioner had produced documents to support the claim that the entire loan amount due towards the financier is cleared. The financier, the 2nd respondent herein, was found to have failed to substantiate his contentions. Hence, the Registering Authority had directed renewal of permit in respect of the contract stage carriage having registration No.KL-10/F 3708. WP(C).16442/11 2
2. When the petitioner again sought for renewal of permit in the year 2007, his request was rejected, which rejection was challenged in the year 2011. Despite the delay, this Court had, by order dated 06.09.2012, found that the reason stated in the affidavit filed subsequently, was satisfactory and hence, condoned the delay caused.
3. The 2nd respondent has filed a counter affidavit wherein one of the contentions stated is the delay; which, as per the specific orders of this Court, stands condoned. Despite the assertion that there are substantial amounts due to the 2nd respondent; in the counter affidavit, the 2nd respondent does not put on record the details of the finance availed. The period for which the finance was availed or the termination or the defaults committed also do not find a place in the affidavit filed. Evidently, in the year 2004, the Registering Authority found that the 2nd respondent had failed to substantiate their contention about the dues in the finance availed. Definitely, if the transaction was one prior to 2004, the claim would be hit WP(C).16442/11 3 by limitation. The 2nd respondent also does not speak of any proceedings having been filed for recovery of the amounts.
Taking all the above into consideration, the writ petition is to be allowed making the interim order absolute. Necessary entries shall be made in the registration certificate.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//