- (1.) The petitioner is a co-operative society registered under the West Bengal Co-Operative Societies Act, 1983. It is aggrieved by the order of the Registering Authority, M. V. Department, Paschim Medinipur dated November 20, 2006, relevant portion whereof is: "In connection with the above mentioned subject, this to inform you that as the R.O of the vehicle has raised strong objection against transfer of ownership and as you have not produced any order of any Hon'ble Court regarding transfer of property, so you are directed to submit the order of the Hon'ble Court to this authority in support of transfer of ownership of this vehicle."
(2.) The vehicle in question was purchased by the fourth respondent (Sri Gour Chandra Roy) with the fund of the society lent to the fourth respondent. The parties entered into a hypothecation agreement in terms whereof on the fourth respondent's failure to repay the loan the society was to acquire the right to take possession of the vehicle. There is no dispute that the fourth respondent failed and neglected to repay the loan in terms of the schedule of repayment. There is no dispute either that after giving requisite notice to the fourth respondent the society took possession of the vehicle in exercise of its right available under the hypothecation agreement. If the fourth respondent was aggrieved, he was at liberty to raise a dispute before the registrar of cooperative societies in terms of provisions in Section 95 of the West Bengal Co-operative Societies Act, 1983. He, however, did not raise any dispute.
(3.) After taking possession of the vehicle the society submitted requisite application, complying with all formalities and paying all charges, seeking registration of the vehicle in its name. Its application was to be considered by the registering authority in terms of provisions in Section 51 of the Motor Vehicles Act, 1988. On receipt of application from the society the registering authority gave notice to the fourth respondent. In response to that notice the fourth respondent submitted an objection dated October 20, 2006.;