Tity Jacob vs Indusind Bank Ltd
2022 Latest Caselaw 4439 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                         WP(C) NO. 8547 OF 2022
              ARISING OUT OF MC 176/2021 OF CHIEF JUDICIAL
                         MAGISTRATE ,THODUPUZHA
PETITIONER:

    1     TITY JACOB
          AGED 60 YEARS
          CHUMATHAYIL HOUSE,
          KOTHAMANGALAM P O, COLLEGE JUNCTION,
          ERNAKULAM DISTRICT.

    2     ANITHA K MATHEW
          AGED 55 YEARS, W/O TITY JACOB,
          CHUMATHAYIL HOUSE, KOTHAMANGALAM P O,
          COLLEGE JUNCTION,ERNAKULAM DISTRICT.

          BY ADVS.

          K.S.ARUNDAS
          ABIJITH.K


RESPONDENT:

          INDUSIND BANK LTD
          REPRESENTED BY ITS AUTHORISED OFFICER,
          1ST FLOOR, JAIN TOWER II, EDAPPALLY,
          ERNAKULAM,, PIN - 682024

          BY ADV K.RAJESH (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8547 OF 2022
                                   2

                             JUDGMENT

The writ petition is filed seeking a direction to the

respondent to keep in abeyance all proceedings pursuant to

Ext.P4 sale notice for sale of his car bearing No.KL-44-F-9550

and to permit the petitioner to pay the overdue amount in 20

monthly equal installments and also for release of the car. The

learned standing counsel for the respondent, Advocate

Sri.K.Rajesh, submitted on instructions that the overdue amount

as on date is Rs.1,68,636/- and they are ready to reschedule the

loan if the petitioner pays the overdue amount in 5 monthly equal

installments without fail and that on payment of 2 installments

they are willing to release the car to the petitioner.

2. In view of the same the writ petition is disposed

permitting the petitioner to pay the overdue amount of

Rs.1,68,636/- in 5 equal monthly installment starting from

30.04.2022. The petitioner shall also pay the regular monthly

installment without fail. It is made clear that if any one of the

installment is defaulted by the petitioner, the respondent will be WP(C) NO. 8547 OF 2022

free to proceed with the recovery proceedings from the stage at

which it was stopped pursuant to the order passed by this Court.

On payment of two installments as directed above, the vehicle

shall be released to the petitioner. The undertaking of the

petitioner that the vehicle released to him as per this judgment,

will be surrendered forthwith to the respondent, in case of any

default in payment of amount as directed above, is also recorded.

With the above directions, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE scs WP(C) NO. 8547 OF 2022

APPENDIX OF WP(C) 8547/2022

PETITIONER EXHIBITS Exhibit P1 Series A TRUE COPY OF MEDICAL RECORDS OF THE 2ND PETITIONER.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 18.11.2021 IN MC NO 176/2021 OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA, IDUKKI Exhibit P3 A TRUE COPY OF THE NOTICE DATED 27.12.2021 ISSUED BY THE RESPONDENT Exhibit P4 A TRUE COPY OF THE SALE NOTICE DATED 09.03.2022 PUBLISHED BY THE RESPONDENT