Aysha O. M vs Kotak Mahindra Prime Ltd

Kerala High Court

Aysha O. M vs Kotak Mahindra Prime Ltd on 23 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
                      WP(C) NO. 14393 OF 2024


PETITIONER:

          AYSHA O. M.,
          AGED 56 YEARS
          W/O. ABDUL KHADER,MALIYEKKAL OTHAYOTH,
          PURATHEEL, VARAM P.O,
          KANNUR, PIN - 670594

          BY ADV RAJEE P MATHEWS


RESPONDENT:

          KOTAK MAHINDRA PRIME LTD.,
          (A COMPANY INCORPORATED UNDER THE PROVISIONS OF INDIAN
          COMPANIES ACT, 1956)
          HAVING ITS OFFICE AT 27-BKC,
          C-27, G-BLOCK, BANDRA, KURLA COMPLEX,
          BANDRA EAST, MUMBAI, MAHARASHTRA-40005,
          HAVING BRANCH OFFICE AT 5TH FLOOR, KM TOWER,
          KAKKAD ROAD, SOUTH BAZAR, KANNUR,PIN - 670005
          REPRESENTED THROUGH ITS AUTHORIZED OFFICER,

          BY ADV.
          RANJANA.V
          STANDING COUNSEL



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No. 14393 of 2024
                                  2




                           JUDGMENT

Dated this the 23rd day of April, 2024 The petitioner has filed this writ petition seeking following reliefs:

a) "Issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to give breathing time by way of instalments to repay the loan amount/arrears.

b) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to release the vehicle".

2. When this matter came up for consideration today, the learned Standing Counsel for the respondent submitted that the total outstanding amount payable by the petitioner towards the vehicle loan of Rs.5,91,880/- taken in the year 2022, is Rs.6,12,985.48 as on 23.04.2024. Overdue amount itself would come to Rs.1,58,439/-. If the petitioner remits the entire overdue amount along with the accrued interest thereon, the petitioner's account can be regularised and the vehicle can be released.

3 Taking into consideration the afore facts, the writ petition is disposed of directing that if the petitioner remits the overdue amount of Rs.1,58,439/- along with the accrued interest thereon and other administrative expenses, if any, within a period of one month, the respondent shall regularise the loan account of the petitioner and release the vehicle to the petitioner forthwith.

Sd/-

N.NAGARESH JUDGE Jka/23.04.24.

W.P(C) No. 14393 of 2024 4

APPENDIX OF WP(C) 14393/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF THE REGISTRATION VEHICLE BEARING REGISTRATION NUMBER KL-13/AN434 Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER'S HUSBAND Exhibit P3 A TRUE COPY OF THE ORDER OF THE HON'BLE 3RD ADDL. DISTRICT JUDGE, THALASSERY DATED 04/01/2024, ISSUED APPOINTING ADVOCATE COMMISSIONER