Kerala High Court
WP(C)/9973/2025 of NIDHIN B MOLICKAL, Vs INDUSIND BANK LTD, on 27 March 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 9973 OF 2025 PETITIONER: NIDHIN B MOLICKAL, AGED 30 YEARS, S/O BOBAN, MOLICKAL HOUSE, VECHOOCHIRA P.O, RANNI,PATHANAMTHITTA, PIN – 688537. BY
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 9973 OF 2025
PETITIONER:
NIDHIN B MOLICKAL,
AGED 30 YEARS,
S/O BOBAN, MOLICKAL HOUSE, VECHOOCHIRA P.O, RANNI,PATHANAMTHITTA, PIN – 688537.
BY ADVS.
E.M.MURUGAN
P.R.PRATEESH
P.RAKESH (VAIKOM)
K.R.LEKSHMI
NILEENA V.P.
RESPONDENT:
INDUSIND BANK LTD,
SECOND FLOOR, EMMANUAL ARCADE, NEAR ST.PETERS JUNCTION, PATHANAMTHITTA, REPRESENTED BY THE AUTHORIZED OFFICER, PIN – 689668.
BY ADV K.RAJESH (AROOR), SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner obtained a vehicle loan for the purchase of a second hand car from the respondent Bank. On default being committed proceedings have been initiated against the petitioner under the provisions of the SARFAESI Act and possession of the vehicle of the petitioner bearing Reg.No.KL-62-C-1521 has been taken by the Authorized Officer of the respondent Bank.
2. The learned counsel for the petitioner submits that the petitioner may be permitted to clear the overdue amount in some installments and the Bank may be directed to restore possession of the car to the petitioner forthwith.
3. Learned counsel appearing for the respondent Bank submits that the possession of the car of the petitioner was taken by the Authorized Officer of the respondent Bank on 24.02.2025 under the provisions of SARFAESI Act. It is submitted that the overdue amount as on 27.03.2025 is Rs.70,359/-. It is submitted that the Bank may be required to restore the possession of the car only after the petitioner clears the entire overdue amount.
4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent
Bank, this writ petition shall disposed of in the following manner:
(1) The petitioner is permitted to clear the overdue amount of Rs.70,359/- together with any accrued interest, charges and cost in eight equated monthly installments commencing from 25.04.2025;
(2) On the payment of a total amount of Rs.35,000/- towards the overdue amount, the possession of the car of the petitioner shall be restored to the petitioner;
(3) The petitioner shall continue to pay the regular EMI’s/instalments on the due dates without fail;
(4) If the petitioner commits any default, the petitioner shall surrender the possession of the car to the Authorized Officer of the respondent Bank. This writ petition is disposed of accordingly. Sd/- GOPINATH P. JUDGE DK
APPENDIX OF WP(C) 9973/2025 PETITIONER EXHIBITS Exhibit P1 ORDER DATED 23-01-2025 ISSUED BY THE CJM COURT PATHANAMTHITTA IN MC 43/2025 Exhibit P 2 NOTICE ISSUED BY THE RESPONDENT BANK DATED 27.02.2025