Kerala High Court
WP(C)/10028/2025 of PUTHALATH HABITAT PVT. LTD., Vs THE REGIONAL TRANSPORT OFFICER, on 3 April 2025
W.P (C) No.10028/2025 -1- 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. 10028 OF 2025 PETITIONER/S: PUTHALATH HABITAT PVT. LTD., HAVING ITS REGISTERED OFFICE AT PUTHALATH HOUSE,
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. 10028 OF 2025
PETITIONER/S:
PUTHALATH HABITAT PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT PUTHALATH HOUSE, MUTHUVANATHARA, PANTHEERANKAVU P.O., KOZHIKODE
REPRESENTED BY ITS DIRECTOR, MANOHARAN PUTHALATH, S/O. KANDANKUTTY, AGED 76 YEARS, PUTHALATH HOUSE, MUTHUVANATHARA, PANTHEERANKAVU P.O., KOZHIKODE, PIN - 673019
BY ADVS.
PRAVEEN.H.
G.HARIHARAN
K.S.SMITHA
AMAL DEV D
SNEHA M.S.
ABHIJITH E.R.
RESPONDENT/S:
THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION, KOZHIKODE, PIN - 673020
MERCEDES-BENZ FINANCIAL SERVICES INDIA PVT. LTD., 5TH FLOOR, PLOT 8, BAASHYAAM WILLOW SQUARE, 9 & 10
FIRST STREET, THIRU-VI-KA INDUSTRIAL ESTATE, GUINDY, CHENNAI, REPRESENTED BY AUTHORISED OFFICER, PIN - 600032
BY ADV VISHNU R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The petitioner availed a Vehicle loan for purchase of a Mercedes Benz car from the 2nd respondent. On default being committed proceedings were initiated under the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 1996 Act') by the 2nd respondent and possession of the vehicle was taken following an order passed under Section 9 of the 1996 Act.
2. The learned counsel for the petitioner submits that the petitioner will pay off the overdue amount forthwith and the possession of the vehicle may be directed to be restored to the petitioner. It is submitted that the petitioner will continue to service the loan in accordance with the terms of the agreement without committing any default hereafter.
3. The learned counsel for the respondent financial institution would submit that the arbitration proceedings have been commenced against the petitioner. It is submitted that the overdue amount as on 03-04-2025 is Rs.2,82,437/-. It is submitted that the 2nd respondent has no objection in the vehicle being released to the petitioner on payment of the overdue amount,
4. Having heard the learned counsel for the petitioner and the learned Counsel for the respondent financial institution and having regard to the facts and circumstances of the case and the submissions made as recorded above and also taking into account the fact that the petitioner has undertaken to clear off the overdue amount along with regular EMIs/instalments, I am of the view that the petitioner can be granted an opportunity to clear off the overdue amount of Rs.2,82,437/- within a period of 1o days from today together with any accrued interest, charges and costs and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised. Considering the nature of the dispute and considering the fact that the proceedings against the petitioner are under the 1996 Act, this writ petition is not maintainable before this court. However, in order to avoid multiplicity of proceedings and to bring a quietus to the issue, and since the matter is disposed of on consent, I do not wish to go into the question of maintainability.
5. Accordingly, this writ petition is disposed of, on consent, directing that on payment of the overdue amount of Rs.2,82,437/- along with any accrued interest, bank charges and costs within 10 days from today (03-04- 2025), the vehicle of the petitioner shall be released to him. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF WP(C) 10028/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO. KL11BZ1000 REGISTERED ON 27/06/2024 Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT VIA EMAIL DATED 10/03/2025 RESPONDENT EXHIBITS Exhibit R2(a) A Copy of the loan agreement bearing No. 10157220 Exhibit R2(b) A copy of the ETQ Exhibit R2(c) A true copy of the Statement of Account dated 24.03 2025 Exhibit R2(d) A Copy of the Loan Recall Notice dated 31.07.2024 Exhibit R2(e) A Copy of the Arbitration Order dated 31.01.2025 Exhibit R2(f) A Copy of the intimation letter dated 10.03
Exhibit R2(g) A Copy of the Show Cause Notice dated 03.02.2025