IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 13509 OF 2022
PETITIONERS:
1 ANEESH A.S.,
AGED 38 YEARS,
S/O. ANIRUDHAN,
RESIDING AT A.S.BHAVAN,
CHARUMMOODU, PUTHUKULANGARA,
NEDUMANGADU, THIRUVANANTHAPURAM-695541.
2 ANIRUDHAN G.,
RESIDING AT A.S.BHAVAN,
CHARUMMOODU, PUTHUKULANGARA,
NEDUMANGADU, THIRUVANANTHAPURAM-695541.
BY ADV S.SOUMYA ISSAC
RESPONDENTS:
1 INDUSIND BANK LTD.,
FIRST FLOOR, JAIN TOWER II,
NEAR RAILWAY OVER BRIDGE,
NH 14 BY-PASS,
EDAPPALLY, KOCHI-662024,
REPRESENTED BY ITS MANAGER.
2 THE AUTHORIZED OFFICER,
INDUS IND BANK LTD.,
FIRST FLOOR, JAIN TOWER II,
NEAR RAILWAY OVER BRIDGE,
NH 14 BY-PASS,
EDAPPALLY, KOCHI-662024
SRI.VARGHESE C KURIAKOSE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.13509/2022
2
JUDGMENT
Dated this the 27th day of May, 2022 The petitioners, who have availed a vehicle loan from the 1st respondent-Bank, are before this Court seeking to direct the 1st respondent-Bank to return the illegally possessed vehicle TATA CLK1618 bearing Registration No.KL-21S-3065 to the petitioners and keep in abeyance of all recovery proceedings.
2. The petitioners state that the petitioners availed a bank loan from the 1st respondent-Bank for purchase of a Lorry. The petitioners were regularly paying monthly instalments. Due to some financial crisis, the petitioners could not repay the loan amount.
WP(C)No.13509/2022 3
3. The 1st respondent-Bank, without providing opportunity to the petitioners to clear the outstanding liabilities, issued a recovery notice on 08.03.2022 directing to pay ₹1,75,000/- including penal interest. Subsequently, the 1st respondent-Bank filed M.C. No.326 of 2022 before the Chief Judicial Magistrate's Court, Thiruvananthapuram. The petitioners' vehicle was seized by the Bank.
4. The petitioners submit that the vehicle is the source of livelihood of the petitioners and unless the respondents release the vehicle, the petitioners will be put to untold hardship and loss. The petitioners are ready to clear the entire liabilities, if a reasonable time is granted.
5. The learned Standing Counsel for the respondents entered appearance and opposed the writ petition. The learned Standing Counsel submitted that the petitioners have availed a loan and committed deliberate default. Inspite of repeated request made by the WP(C)No.13509/2022 4 respondents, the petitioners did not pay the loan instalments. It is under such circumstances that the vehicle was seized in due course of law. The respondents are willing to release the vehicle only if the petitioners clear the entire outstanding dues which as on date would amount to ₹3,38,713/-.
6. Heard the learned counsel for the petitioners and the learned Standing Counsel representing the respondents.
7. Going through the pleadings in the writ petition, it is evident that the petitioners have been remitting the loan instalments initially with promptitude. However, certain instalments were defaulted. The vehicle is the only source of livelihood of the petitioners. In the circumstances, this Court is of the view that a reasonable view should be taken by the respondents in the matter of releasing the vehicle. WP(C)No.13509/2022 5
8. The writ petition is therefore disposed of with the following directions:
i) The petitioners shall remit an amount of ₹2 lakhs, within a period of one month.
ii) The respondents shall release the vehicle to the petitioners, if the petitioners remit the aforesaid ₹2 lakhs, within a period of one month.
iii) The balance amount due to the petitioners including the accruing interest and other charges, if any, shall be paid in two equal consecutive monthly instalments immediately thereafter.
iv) If the petitioners default in making the payment as directed above, the respondents will be at liberty to proceed against the petitioners, in accordance with law.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.13509/2022 6 APPENDIX OF WP(C) 13509/2022 PETITIONER'S EXHIBITS:
Exhibit P1 NOTICE SEND BY THE RESPONDENT TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE COMMISSIONER REPORT IN M.C.NO.326/2022 BEFORE CJM COURT, TVM.
SR