Kerala High Court
Mariyamma Joseph vs M/S Shriram Transport Finance Co ... on 3 November, 2022
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OP(C) No.1876 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,
1944
OP(C) NO. 1876 OF 2022
AGAINST THE ORDER/JUDGMENT in CMA(Arb) 47/2022 OF DISTRICT
COURT & SESSIONS COURT,THODUPUZHA
PETITIONER/S:
MARIYAMMA JOSEPH,
AGED 40 YEARS
W/O JOSEPH, VARAKUKALAYIL HOUSE,
ALPARA P.O., ALPARA, IDUKKI
, PIN - 685606
BY ADV L.RAJESH NARAYAN
RESPONDENT/S:
M/S SHRIRAM TRANSPORT FINANCE CO LTD
CHENNAI ITS BRANCH OFFICE, ADIMALY, CORPORATE
LAW ASSOCIATES,1ST FLOOR, KANNATTU BUIDLING, NEAR
PANCHAYATH TOWN HALL,
ADIMALY, IDUKKI- 685561, REP. BY ITS POWER OF
ATTORNEY HOLDER
NEJU A.M.
BY ADVS.
C.Harikumar .
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(C) No.1876 of 2022
C.S DIAS,J.
---------------------------
OP(C) No.1876 of 2022
-----------------------------
Dated this the 3rd day of November, 2022.
JUDGMENT
The original petition is filed to set aside Ext P6
order passed by the Court of the District Judge,
Thodupuzha in CMA (Arb) No.47/2022 directing the
vehicle bearing Registration No.KL-41/B 4077 to be
taken possession by the Advocate Commissioner.
2. When the original petition came up for
admission, this Court restrained the respondent from
alienating and transferring the vehicle for a period of
one month.
3. Today, when the original petition came up for
consideration, Sri.C.Harikumar, the learned counsel
appearing for the respondent submitted that an amount
of Rs.3,72, 678/- is due from the petitioner to the
respondent towards the loan amount. If the petitioner
is prepared to pay off the loan amount in lump sum, she
OP(C) No.1876 of 2022
need only pay an amount of Rs.2,15,000/- and
thereafter the vehicle would be released to her.
4. Sri. Rajesh Narayan, the learned counsel
appearing for the petitioner, on instructions, submitted
that the petitioner would pay off the loan amount of
Rs.2,15,000/- in a lumpsum in one or two installments
in two months and then take possession of the vehicle.
The said submission is not opposed by the learned
counsel appearing for the respondent.
5. In the light of the pleadings and materials on
record, and after recording the submissions made by
the respective learned counsel appearing for the
parties, in exercise of the supervisory powers of this
Court under Article 227 of the Constitution of India, I
dispose of the original petition in the following manner:
(i) The court below is directed to keep Ext P6
order in abeyance for a period of two months.
(ii) The petitioner is permitted to pay off the
amount of Rs.2,15,000/- in three installments, as
per her choice, within two months from today .
OP(C) No.1876 of 2022
(iii) If the petitioner pays off the amount of
Rs.2,15,000/- to the respondent on or before
3.1.2023, the respondent shall release the vehicle
bearing Registration No.KL-41/B 4077 to the
petitioner.
(iv) If the petitioner fails to avail the above offer
made by the respondent, Ext P6 will stand
revived and the court below shall proceed with
CMA (Arb) No.47/2022 and bring it to its logical
conclusion, in accordance with law.
sd/-
sks/3.11.2022 C.S.DIAS, JUDGE
OP(C) No.1876 of 2022
APPENDIX OF OP(C) 1876/2022
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE STATEMENT OF ACCOUNTS
FOR THE PERIOD OF ENDING 14.01.2022
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED
04.05.2022 BEFORE CDRC IDUKKI
Exhibit P3 TRUE COPY OF THE VERSION FILED BY THE
RESPONDENT DATED 10.07.2022 TO EXT.P2
Exhibit P4 TRUE COPY OF THE REQUEST DATED
04.04.2022 TO THE RESPONDENT
Exhibit P5 TRUE COPY OF THE APPLICATION U/S 17(2)
OF THE ACT DATED 03.06.2022
Exhibit P6 TRUE COPY OF THE ORDER DATED 04.08.2022
IN CMA(ARB) NO. 47/2022 OF THE HON'BLE
DISTRICT COURT, THODUPUZHA
Exhibit P7 TRUE COPY OF THE ORDER DATED 29.09.2022
IN IA NO. 449-2/2022 IN ARB NO. 449/2022
Exhibit P8 TRUE COPY OF THE NOTICE DATED 21.09.2022
