Sajeesh. S vs Mahindra & Mahindra Financial ...
2021 Latest Caselaw 23970 Ker

WP(C) Nos.27525 OF 2021 & 27727 OF 2021    1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                              WP(C) NO. 27525 OF 2021
PETITIONER/S:

               SAJEESH. S
               AGED 36 YEARS
               S/O.SASI, KURUVAKKELIL, CHERTHALA, CHERTHALA SOUTH
               P.O., ALAPPUZHA DISTRICT, PIN-688524.

               BY ADV M.G.SREEJITH



RESPONDENT/S:

      1        MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD.,
               HEAD OFFICE/REGISTERED OFFICE, GATE WAY BUILDING,
               APOLLO BUNDER, MUMBAI, PIN-400001, REPRESENTED BY
               ITS AUTHORIZED SIGNATORY.

      2        THE BRANCH MANAGER
               MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD.,
               KAYAMKULAM, 2ND FLOOR, CENTRAL PARK, KP ROAD,
               KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690502.

      3        RESERVE BANK OF INDIA
               REPRESENTED BY ITS GENERAL MANAGER, ERNAKULAM,
               ERNAKULAM NORTH, POST BOX NO.3065, KOCHI, PIN-
               682018.


OTHER PRESENT:

               SRI.DEVAPRASANTH.J, FOR R1 & R2


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.12.2021, ALONG WITH WP(C).27727/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.27525 OF 2021 & 27727 OF 2021    2




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                              WP(C) NO. 27727 OF 2021
PETITIONER/S:

               SAJEESH S
               AGED 36 YEARS
               S/O. SASI, KURUVAKKELIL, CHERTHALA, CHERTHALA SOUTH
               P.O., ALAPPUZHA DISTRICT,PIN-688 524

               BY ADV M.G.SREEJITH



RESPONDENT/S:

      1        MAHINDRA & MAHINDRA FINANCE SERVICES LTD.,
               HEAD OFFICE/REGISTERED OFFICE, GATE WAY BUILDING,
               APOLLO BUNDER, MUMBAI, PIN-400 001, REPRESENTED BY
               ITS AUTHORIZED SIGNATORY

      2        THE BRANCH MANAGER,
               MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD., 17/421-
               S , 2ND FLOOR, CHANDRA SQUARE, MULLACKAL, ALAPPUZHA
               DISTRICT,PIN-688 001

      3        RESERVE BANK OF INDIA,
               REPRESENTED BY ITS GENERAL MANAGER, ERNAKULAM,
               ERNAKUAM NORTH, POST BOX NO.3065, KOCHI,PIN-682 018

               SRI.DEVPRASANTH.J., R1 & R2


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.12.2021, ALONG WITH WP(C).27525/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.27525 OF 2021 & 27727 OF 2021    3


                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                 W.P.(C.) Nos. 27525 & 27727 of 2021
                      --------------------------------------
               Dated this the 13th day of December, 2021


                                      JUDGMENT

The above writ petitions are connected and therefore, I

am disposing these two writ petitions by a common judgment.

The petitioner in these two cases are one and the same. He is

challenging the recovery proceedings initiated by 1st and 2nd

respondents. Admittedly, there is an award as evident by

Ext.P3 in both these cases. Ext.P3 is an appealable order. If the

petitioner is aggrieved by the same, the petitioner is free to

approach the appellate authority with an appeal. The

petitioner's main challenge is against Ext.P3 award, which

cannot be decided by this Court under Article 226 of the

Constitution of India. Therefore, these writ petitions are closed.

To facilitate the petitioner to approach the appellate

authority, the respondents shall keep in abeyance all further

recovery proceedings for a period of 10 days.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS WP(C) Nos.27525 OF 2021 & 27727 OF 2021 4

APPENDIX OF WP(C) 27727/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF CERTIFICATE OF REGISTRATION BEARING REGISTRATION NO KL-32-N-6433

Exhibit P2 TRUE COPY OF LOAN ACCOUNT STATEMENT OF PETITIONERS IN VIDE CONTRACT NO.5967129 DATED 02.12.2021

Exhibit P3 TRUE COPY OF AWARD IN REF NO.AUF-20-NPA-

AWD/5967129/JR-W116/2020 DATED 22.01.2021

Exhibit P4 TRUE COPY OF GUIDELINES DATED 28.09.2006 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF GUIDELINES CUM NOTIFICATION OF CLARIFICATION REGARDING REPOSSESSION OF VEHICLES FINANCED BY NBFCS DATED 24.04.2009

Exhibit P6 TRUE COPY OF REQUEST DATED 02.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P7 TRUE COPY OF REQUEST DATED 02.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WP(C) Nos.27525 OF 2021 & 27727 OF 2021 5

APPENDIX OF WP(C) 27525/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF CERTIFICATE OF REGISTRATION BEARING REGISTRATION NO.KL-32-N-4312.

Exhibit P2 TRUE COPY OF LOAN ACCOUNT STATEMENT OF PETITIONER'S IN VIDE CONTRACT NO.5805334 DATED 01.12.2021.

Exhibit P3 TRUE COPY OF AWARD IN REF.NO.AUG-20-NPA-

AWD/5805334/JR-W48/2020 DATED 22.01.2021.

Exhibit P4 TRUE COPY OF GUIDELINES DATED 28.09.2006 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF GUIDELINES CUM NOTIFICATION OF CLARIFICATION REGARDING REPOSSESSION OF VEHICLES FINANCED BY NBFCS DATED 24.04.2009.

Exhibit P6 TRUE COPY OF REQUEST DATED 29.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF REQUEST DATED 30.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.