Kerala High Court
Rajan P. Paulraj vs The Authorised Officer on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 18th day of March 2022 / 27th Phalguna, 1943
IA.NO.2/2022 IN WP(C) NO. 1919 OF 2022(L)
PETITIONERS/PETITIONERS:
1. RAJAN P. PAULRAJ, AGED 50 YEARS, S/O. PAULRAJ, PLAVILA HOUSE,
ELAPPARA P.O, ELAPPARA, IDUKKI DISTRICT.
2. MARY RAJAN, AGED 49 YEARS, W/O. RAJAN P. PAULRAJ, PLAVILA HOUSE,
ELAPPARA P.O, ELAPPARA, IDUKKI DISTRICT.
RESPONDENTS/RESPONDENTS:
1. THE AUTHORIZED OFFICER, M/S. INDUSLND BANK LTD, 1ST FLOOR, JAIN
TOWER II, NEAR RAILWAY OVER BRIDGE, NH BYEPASS, EDAPPALLY, KOCHI
-682024.
2. M/S INDUSIND BANK LTD, GOURYA NARAYAN BUILDING, OPPOSITE TO
JAYALAKSHMI SILKS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS BRANCH
MANAGER.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondents to release the vehicle of the petitioner bearing Registration
No. KL 05 AK 6999 to the petitioners forthwith in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's Judgment
dated 19-01-2022 in WP(C) and upon hearing the arguments of M/S.SIBI
THOMAS JACOB & SUMESH S., Advocates for the petitioners in IA/WP(C) and of
SRI. VARGHESE.C.KURIAKOSE,STANDING COUNSEL for the resopondents in
IA/WP(C), the court passed the following:-
P.T.O.
SHAJI P. CHALY, J.
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I.A. Nos. 1 & 2 of 2022
in
W.P.(C). No. 1919 of 2022
---------------------------------------------------------
Dated this the 18th day of March, 2022.
ORDER
I.A. No. 1 of 2022
This is an application filed in a disposed of writ petition seeking
to accept Exts. P6 to P9 additional documents.
2. Heard. Allowed.
I.A No. 2 of 2022
3. This is an application filed seeking a direction to the
respondents to release the vehicle of the petitioner bearing registration
No. KL 05 AK 6999 to the petitioners forthwith. According to the
petitioners, in compliance with the directions issued by this Court in
the judgment dated 19th January, 2022 in W.P.(C) No. 1919 of 2022 to
pay an amount of Rs.75000/- in six equated monthly instalments, two
of the instalments are already paid.
4. The case of the petitioners is that in spite of the request
made by the petitioners to release the vehicle, the Bank has not cared
to do so. Anyhow, I am not going into the details for the reason that
the learned counsel appearing for the respondent Bank has fairly
submitted that if an undertaking is submitted before the Bank by the
petitioners to produce the vehicle as and when called for, the vehicle
can be released.
In that view of the matter, I.A.No. 2 of 2022 is disposed of
directing the petitioners to submit an undertaking within 3 days from
the date of receipt of a copy of this order, and if such an undertaking is
given, the Bank shall take steps to release the vehicle immediately.
sd/- SHAJI P. CHALY, JUDGE.
Rv
18-03-2022 /True Copy/ Assistant Registrar
