Kerala High Court
WP(C)/9947/2025 of DILEEP V.A., Vs THE INDUSIND BANK, on 27 March 2025
No. 9947 of 2025 1 2025:KER:27520 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. 9947 OF 2025 PETITIONERS: DILEEP V.A., AGED 47 YEARS S/O. ABBAS RESIDING AT VELAKOTTUPUTHENPURA HOUSE,
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. 9947 OF 2025
PETITIONERS:
DILEEP V.A.,
AGED 47 YEARS
S/O. ABBAS RESIDING AT VELAKOTTUPUTHENPURA HOUSE, KIZHAKKEKARA P.O., MUVATTUPUZHA, PIN - 686661
BY ADVS.
L.RAM MOHAN
M.AUBREY ABRAHAM ISAAC
RESPONDENTS:
THE INDUSIND BANK,
PALAPUAM BUILDING, EAST KDATHY, MARKET P.O., MUVATTUPUZHA REPRESENTED BY ITS MANAGER, PIN - 686673
THE AUTHORISED OFFICER,
M/S. INDUSIND BANK, STATE OFFICE AT 1ST FLOOR, JIAN
TOWER 11, NEAR RAILWAY OVER BRIDGE, N.H. BYPASS, EDAPPALLY, COCHIN, PIN - 682024
BY ADV VARGHESE C.KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
GOPINATH P., J.
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W.P.(C.) No. 9947 of 2025
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Dated this the 27th day of March, 2025
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JUDGMENT
The petitioner obtained a vehicle loan for the purchase of an autorikshaw 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-17-W-8155 has been taken by the Authorized Officer of the respondent Bank.
2. The learned counsel for the petitioner submits that the petitioner is earning a livelihood by plying the autorikshaw. It is submitted 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 autorikshaw to the petitioner forthwith.
3. Learned counsel appearing for the respondent
Bank submits that this is the 2nd time that the Bank has been posted to take the possession of the autorikshaw of the petitioner under the provisions of SARFAESI Act. It is submitted that in the month of March 2024 also the Bank was about to take the possession of the autorikshaw and the same was returned to the petitioner on the petitioner clearing then overdue amounts. It is submitted that the overdue amount as on 27.03.2025 is Rs.87,015/-. It is submitted that the Bank may be required to restore the possession of the autorikshaw 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.87,015/- together with any acrued interest, charges and cost in eight equated monthly installments commencing from 15.04.2025;
(2) On the payment of a total amount of Rs.35,000/- towards the overdue amount, the possession of the autorikshaw of the petitioner shall be restored to the petitioner;
(3) The petitioner shall continue to pay the regular EMI’s/installments on the due date without fail;
(4) If the petitioner commits any default the petitioner shall surrender possession of the autorikshaw to the Authorized Officer of the respondent Bank. This writ petition is disposed of accordingly. Sd/- GOPINATH P., JUDGE sjb/27.03.25
APPENDIX OF WP(C) 9947/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 18//02/25