Hashim Shamsudheen vs Icici Bank Ltd
2023 Latest Caselaw 8490 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE C.S.DIAS
         MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                             WP(C) NO. 24683 OF 2023
PETITIONER:

     1        HASHIM SHAMSUDHEEN,
              AGED 42 YEARS
              21/667, THEKEPALAVILA, THATTAMALA P.O,
              PADEINJARE PADANILAM, KOLLAM DISTRICT, PIN - 691020
              BY ADV H.PRAVEEN (KOTTARAKARA)

RESPONDENTS:

     1        ICICI BANK LTD.,
              REPRESNTED BY ITS CHIEF MANAGER,
              REGIONAL OFFICE, CREATIVE COMPLEX,
              NEAR FIRE STATION, KADAPPAKADA,
              KOLLAM - 691 008
     2        THE AUTHORIZED OFFICER,
              ICICI BANK LTD, REGIONAL OFFICE,
              CREATIVE COMPLEX, NEAR FIRE STATION,
              KADAPPAKADA, KOLLAM, PIN - 691008
              BY ADV PRADEESH CHACKO

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.24683 of 2023
                                    2




                             C. S. DIAS, J.
                -------------------------
                       W.P.(C.) No.24683 of 2023
                -------------------------
          Dated this the 07th day of August, 2023

                              JUDGMENT

The writ petition is filed to direct the

respondents to permit the petitioner to pay the

overdue amount in instalments and regularise the

loan account.

2. The petitioner's case is that, he had availed

financial assistance from the first respondent

bank to purchase two motor vehicles. Due to

reasons beyond his control, he could not pay the

instalments on time. The respondents have

proceeded against the vehicles under the

Securitization and Reconstruction of Financial

Assets and Enforcement of Security Interest Act

(in short, 'Act') and is threatening to take WPC No.24683 of 2023

physical possession of the same. The petitioner is

willing to pay the overdue amount in instalments

and regularise the loan account. Hence, the writ

petition.

3. Heard; Sri.Praveen Harikumar, the learned

Counsel appearing for the petitioner and Sri.

Pradeesh Chacko, the learned Counsel appearing

for the respondents.

4. Sri. Pradeesh Chacko, on instructions

submitted that the petitioner has in violation of

the conditions of the contract, sold the two

vehicles. It is with great difficulty that the

respondents could repossess one vehicle. The

second vehicle is in possession of a third party.

The respondents are not willing to extend any

facility to the petitioner. Hence, the writ petition

may be dismissed.

5. The Hon'ble Supreme Court in South

Indian Bank Ltd vs. Naveen Mathew Philip WPC No.24683 of 2023

(2023 LiveLaw (SC) 320), after adverting to a

myriad of earlier judicial pronouncements

rendered under the Act, has categorically

declared that High Courts shall not, unless in

extra ordinary circumstances, interfere with

proceedings initiated under the Act, in writ

proceedings under Article 226 of the

Constitution of India.

6. Having considered the pleadings and

materials on record and after appreciating the

rival submissions across the Bar, I am of the

definite view that there are no extraordinary

circumstances made out to entertain the writ

petition under Article 226 of the Constitution of

India. Nonetheless, it will be upto the petitioner

to workout his statutory remedies, in

accordance with law.

Resultantly, the writ petition is dismissed WPC No.24683 of 2023

without prejudice to the right of the petitioner

to workout his statutory remedies, in

accordance with law.

Sd/-

C. S. DIAS JUDGE SKP/07-08 WPC No.24683 of 2023

APPENDIX OF WP(C) 24683/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM DATED 11/7/2023 IN MC NO. 413/2023 RESPONDENTS' EXHIBITS:

EXHIBIT R(1)(A) TRUE COPY OF PREPAYMENT LETTER DATED 3.8.2023

TRUE COPY

P.A. TO JUDGE