Kerala High Court
WP(C)/12836/2025 of FARZIN RIZWAN, Vs M/S. INDUSIND BANK, on 3 April 2025
OF 2025 1 2025:KER:29485 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 12836 OF 2025 PETITIONER/S: FARZIN RIZWAN, AGED 26 YEARS , S/O. ABDUL FASIL, RESIDING AT NEDUGATTUKUDI,
WP(C) NO. 12836 OF 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 12836 OF 2025
PETITIONER/S:
FARZIN RIZWAN,
AGED 26 YEARS
, S/O. ABDUL FASIL, RESIDING AT NEDUGATTUKUDI, OKKAL.P.O., CHELAMATTOM, ERNAKULAM DISTRICT, PIN - 683550
BY ADV O.D.SIVADAS
RESPONDENT/S:
M/S. INDUSIND BANK,
CFD, IST FLOOR, JAIN TOWER-2, VARAPUZHA ROAD, NEAR
RAILWAY BRIDGE, EDAPPALLY, ERNAKULAM, PIN-682024, REPRESENTED BY THE AUTHORIZED OFFICER, PIN - 682024
THE BRANCH MANAGER,
THE INDUSIND BANK LTD., MUVATTUPUZHA BRACH, ERNAKULAM, PIN - 682024
BY ADVS.
G.HARIHARAN
PRAVEEN.H.(K/1441/2002)
K.S.SMITHA(K/106/2012)
B.R.SINDU(K/632/2002.)
V.R.SANJEEV KUMAR(K/000741/2017)
AFNA V.P.(K/0128/2024)
REMYA MURALI(K/154/2013)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12836 OF 2025
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JUDGMENT
The petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to release the petitioner's vehicle bearing No.KL40/V0663 with load forthwith.
(ii) Grant such other reliefs, which this Honorable court deems just and fit in the circumstance of the case.” On 28.03.2025, this Court passed the following order. “Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank and considering the submission of the learned counsel appearing for the petitioner that the entire amount payable in terms of the directions contained in the judgment of this Court dated 18.02.2025 in wP(C) No.5481 2024 till today and regular EMIs, payable till today have been paid by the petitioner, there will be an interim order directing the respondent bank to release the vehicle of the petitioner bearing registration No.KL 40/V 0663 to the petitioner without undue delay. Post on 03.04.2025.”
2. The learned counsel appearing for the respondent bank submits that the vehicle has now been released to the petitioner and the petitioner may be required to service the loan account without any further default.
3. Having heard the learned counsel for the petitioner and the learned counsel for the respondent bank and taking into consideration, the submission that the vehicle has been released to the petitioner pursuant to the interim order dated 28.03.2025, this Writ Petition will stand disposed of in terms of the interim order WP(C) NO. 12836 OF 2025
dated 28.03.2025, making it clear that in case the petitioner commits any further default, the petitioner shall surrender the vehicle to the authorized officer of the respondent bank. This Writ Petition is thus disposed of. sd/- GOPINATH P. JUDGE Nsd
WP(C) NO. 12836 OF 2025
APPENDIX OF WP(C) 12836/2025 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE RC BOOK OF THE VEHICLE NO. KL 40/V 0663 Exhibit P2 THE COPY OF THE JUDGMENT IN WP(C) NO. 5481 OF 2025 DATED 18.02.2025 Exhibit P3 THE COPY OF THE INTERIM ORDER IN IA NO. 1 OF 2025 IN WP(C) NO. 5481 OF 2025 DATED 13.03.2025