Calcutta High Court Weekly Round-Up: 05th August To 11th August, 2024

Nominal Index

Nandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181

Hire-Purchase Agreement | Bank Need Not Re-Issue Vehicle's Registration Certificate After Sale Due To Default By Registered Owner: Calcutta HC

Case: Nandalal Verma Vs. The State of West Bengal & Ors.

Citation: 2024 LiveLaw (Cal) 181

The Calcutta High Court has held that in hire-purchase agreements where a bank repossesses a vehicle and re-sells it due to a default by the vehicle's registered owner, the bank cannot be compelled to re-issue the vehicle's certificate of registration under Section 51(5) of the Motor Vehicles Act (MV Act).

A single bench of Justice Rai Chattopadhyay held:

"Court finds that the petitioner or the respondent bank cannot be compelled to take steps for due adherence to the said provision of law, that is, under section 51(5) of the said Act. The financer having taken possession of the vehicle and having not complained about any non-receipt of the certificate of registration from the erstwhile registered owner and also having already sold and delivered the possession thereof to the petitioner by dint of an order of the Arbitrator, – compliance by it, of the provision under Section 51 (5) of the said Act, would actually be redundant and a futile exercise."

Other developments

Calcutta High Court Detains Panamanian Ship For Alleged Supply Of Damaged Goods, Orders Deposit Of ₹7 Crores For Its Release

Case: EMAMI PAPER MILLS LTD VS THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. PH GIANG MINH ( IMO NO 9481623) AND ANR.

Case No: AS-COM 4 of 2024

The Calcutta High Court in an urgent hearing on Saturday evening, directed the detention of a vessel bearing the flag of Panama, namely M.V. PH GIANG MINH for the alleged supply of damaged goods in an admiralty suit by Emami Paper Mills Limited.

The order was passed by a single bench of Justice Arindam Mukherjee.

It was claimed that the the plaintiff purchased 8000 MT of Bleached Hardwood, Kraft, Pulp, and Acacia ('goods') of particular specification which was loaded at Futong Port, Indonesia in the said vessel to be discharged at the Haldia Dock Complex.