Haridas Das, J. - (1.) In this writ application the Petitioners have prayed for issue of a writ in the nature of mandamus directing the Respondents specially the Respondent No. 3 to register a vehicle, namely an Ambassador car bearing No. WNF 48 in the name of the Petitioner No. 1 National Issurance Co. Ltd. (hereinafter referred to as the Company) within a specified time.
(2.) The Company is a subsidiary of General Insurance Corporation of India which is a Government Company. The company for the benefit of its employees lets out motor vehicles to its employees for their official use and the employees in turn hypothecate the vehicles in favour of the Company. One Ghanashyam Das Ladia was an Administrative Officer under the Company. The aforesaid motor car was purchased by the Company at a cost of Rs. 80, 474 -65 P, in the name of Ghanashyam Das Ladia and the payment of purchase price was made by the Company by cheque, Ghanashyam Das Ladia in his turn hypothecated the car in favour of the Company. The fact that the vehicle was hypothecated to the Company was mentioned in the purchase vouchers and delivery challans being Annex. 'A' to the writ petition. The aforesaid G. D. Ladia died on January 7, 1986. During his life -time he repaid a sum of Rs. 6,224 -65 P. and a sum of Rs. 74,250 is said to be still due and outstanding in the name of the said G. D. Ladia. After the death of G. D. Ladia his son, Respondent No. 5, being one of the heirs of the deceased Ladia made over possession of the vehicle in favour of the Company along with the blue book on April 2, 1986. Thereafter, the Company wrote a letter to the Respondent No. 3 to register the vehicle in the name of the Company. Various other letters were also written thereafter, but the Respondents did not register and/or refused to register the vehicle in the name of the Company on the ground that unless all the heirs of the deceased registered owner G. D. Ladia gave a consent letter, the vehicle could not be transferred and registered in the name of the company (Vide Annex. 'G' to the writ petition), in view of the provisions of Sec. 50 of the Motor Vehicles Act, 1988 (for short the 'Act').
(3.) It is contended by the Petitioners that under Sec. 51(5) the Company, which purchased the vehicle in the name of the deceased Ladia and with which he hypothecated the vehicle, being in possession of the vehicle is entitled to apply for registration of the vehicle in its name and that Sec. 50 of the Act has no application in the present case.;