SIPRA MAJUMDAR Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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A.K.Dutta, J. -
(1.)-The Petitioners, Respondents Nos. 1 to 3 and 4 and Respondents Nos. 7 and 8 are represented by their respective learned Advocates, who have been heard quite at length.
(2.)By this writ application under Article 226 of the Constitution of India, the writ petitioner Smt. Sipra Majumdar (hereinafter as the petitioner) has prayed the Court for issue of "a Writ in the nature of Mandamus commanding the Respondents, their agents, servants and subordinates to cancel and/or revoke and/or rescind the order passed by the Respondent Nos. 2 and 3 in granting the Registration Certificate in the name of the Respondent No. 8 and further to stay operation of the Certificate issued in the name of the Respondent No. 8", along with the other relief, prayed for therein for the reasons slated and on the grounds made out therein.
(3.)Upon hearing the submissions of the learned Advocates for the contending parties and perusal of the materials on record it appears that the petitioner had purchased the vehicle in question, bearing Registration No. WB-0379, on the basis of a Hire Purchase Agreement entered into with the Respondents Nos. 4 and 5. Her name was entered in the Certificate of Registration to be the registered owner thereof, subject to the Hire purchase Agreement. It is contended by her that she had been paying monthly instalments in time, and 13 out of 38 monthly instalments thereunder had already been paid by her. Even so, the Respondents Nos. 4 and 5 have re-taken possession of the vehicle in question, and are stated to have sold the same to the Respondent No. 8. She (Petitioner) subsequently came to learn that the Respondents Nos. 2 and 3 had given a Registration Certificate in the name of the Respondent No. 8 in respect of the said Vehicle without giving her any opportunity of being heard in the matter.
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