Kerala High Court
Sijo Joseph vs M/S Hdb Financial Services Ltd on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
TRE HONOURABLE MR. JUSTICE P.V. RUNHIKRISHNAN
MONDAY, THE 1478 pay OF AUGUST 2093 / 23RD SRAVANA, 1945
WIC) NO. 10309 OF 2025
SIQ0 JOSEPH, AGED 48 YEARS, S/O JOSEPH V.V.,
VATTAPARSMBIL HOUSE, PAZHANGANAQU, KIZHAKSAMBAL AM
P.O... ERNARULAN DISTRICY, PIN - §83562
BY ADS.
& HAR THARAN
PRAVEEN HM.
KS. SMITHA
VOR. SANJEEV KUMAR
GENTLE C.D.
RESPONDENTS :
4 M/S HOS FINANCIAL SERVICES LTO.
2ND FLOOR, OQOR NO. T1/275 02, KALLUMKAL BUTLOING,
COLONY STOP, VAEHAKKALA, THRIKKAKARA P.O.,
RAKKANAD, COCHIN, ERNAKULAM, PIN - 682029
2 STATION NOUSE OFFICER, THADIYITTAPARAMBU POLICE
STATION, ALUVA - MUNNAR ROAD, VAZHAKULAM,
ERNAKULAN, PIN ~ 683105
3 JOINT REGIONAL TRANSPORT GFEICER, SUR-REGTONAL
TRANSPORT OFEICE, MUNICIPAL SHOPPING COMPLEX
BUILDING, PATTAL, IRTNGOLE P.6, SH 48, PERAMBAVGOR,
ERNAKULAM, PIN - 683545
BY ADVS.
MARY PT
CAROLIN SINDHU VAZ(K/716/1998)
R.S.REGITHA(K/7 73/2087 }
HARSHITHA HASHIM(K/O02 7960/2023 }
ALEENA SHAJU(K/O81176/ 2023)
ANUSHA JOY{K/801354/2023}
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSTON
ON 34.85.2025, THE COURT ON TRE SAME DAY DELIVERED THE
FOLLOWING :
bo
WPC LOS99/2083
PV. RONHIRRISHNAN, dF,
IK, POE ANN: OD. PO
WP(C).N a309 of 2023
Dated this the ig™ day of August, 2029
The above writ petition is fled with the following prayers:
() To pass such orsers or reliefs as this Issue a writ of
mandamus ar any other appropriate writ or order
commanding the znd respondent to consider and take
follow ap action on Exhibi PG complaint fled by the
petifioner against the ist respondent and their henchmen
withont any further delay taking nefe of the dictum laid
down by the Apex Court of India in the matter of ICC!
Bank Lid. Vs. Prakash Baur reported in goo (2) SOS va
GD Issue a writ of mandamus or any other
appropriate writ ar order commanding the ard respondent
to consider and take follow up action on Exhibi.Py
fy
eomplaint fled te the pefifianer against the ist respondent
and their henchmen witht any further delay taking note
af the dictrrm lakd down by the Apex Court of India In the
matter of FCICT Bank Lic Vs. Prakash Kaur reported in
ear £2 y SCC Fut.
) Restrain the ist respondent from selling the
vehicle mentioned In Exhibit. P: without providing the
petitioner with an opportunity to get back the vehicle by
WEC 1030/2023 3
regidarizing the loan and also on payment of a prescribed
amount to be determined by this Hon'ble Court.
(iv) Petitioner may be permitted to dispense with the
filing of translation of the vernacular documents. And
iv} To pass such orders or reliefs as this Hon'ble
Court deems {ff in the lyterest of fustics.
Sic}
2, When this writ petition came up for consideration, beth
sides submitted that the matter is settled and a memorandum of
settlement is Aled before the Kerala State Mediation and Canciiiation
fe
Centre, High Court of Rerala and the same is also produced before
this Court. This writ petition can be disposed of in tune with the
same,
Therefore, this writ petition can be dispased of In tune with the
memorandum of settlement dated og.o7.ao993. Memorandum of
settlement dated o3.07.20283 will form part of this judgment.
Sd/-
Pp, V. RUNUIARISHNAN
FUDGE
Shaa/
PETITIQNER EXHIRITS
EXRLBLi pl
Exhibit
Exhibit
EXALDLE
EXALit
Exhibit
Exhasit
ExAibit
Exhibit
Exhibit -
pe
pS
FRUE COPY OF THE REGISTRATION
CERTIFICATE OF BUS NO. BL-O7A-7A7S
TRUE COPY OF TNE CONTRACT CARRETAGE
PERNTT ESSUED SY THE SND RESPONDENT IN
THE NAME OF THE PETITIONER FOR THE
VEHICLE MENTIONED IN EXRIBIT PL ON
83,98. 2928
TRUE COPY OF THE PITNESS CERTIFICATE
TSSUED BY THE 2ND RESPONDENT FOR THE
VEHICLE MENTIONED IN EXHIBIT. Pi ON
22,18. 2927
TRUE COPY OF THE STATEMENT OF ACCOUNTS
PSSUEQ BY THE EST RESPONDENT IN THE NAME
OF THE PETITIONER FOR THE PERTOO
COMMENCING FROM 20.07.2019 TO 16.03.2023
TRUE COPY OF THE JUOQGMENT IN THE MATTER
QF ICXCLT BANK LTD. YS. PRAKASH KAUR
REPORTER IN 2o07 (2) SCC Fil
TRUE COPY OF THE COMPLAINT DATED
25.03.2023 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
YRUE COPY OF THE COMPLAINT DATED
16.93.2829 FILED BY THE PETITIONER
BEFORE THE SRD RESPONDENT
YRUE COPY OF THE NOTICE DATED 24.83.2823
SENT BY THE IST RESPONDENT ADDRESSED TO
THE GUARANTOR OF THE LOAN AVATLED BY THE
PETITIONER
A TRUE COPY OF THE DEMAND DRAFT FOR &
SUN OF RS.5,00,000/- DRAWN IN THE NAME
OF THE RESPONSENT ON 28.04.2029
& TRUE PHOTOGRAPH TAKEN AT THE OFFICE OF
THE IST RESPONDENT ALONG WITH THE
ORIGINAL DEMAND DRAFT OF RS.5, 6a, O6¢/-
DRAWN IN FAVOR OF THE IST RESPONDENT
BEFORE THE HONOURABLE HIGH COURT OF
RERALA AT ERNAKULAM
W.P.C. No.10309 of 2023
Sic foseph > Petitioner
M/s HIDS Financial Services Lid <: Respondents
SE
REPORT SUBMEPTED BY TEE MEDIATOR |
Matter settled and terms of settlement
along is attached herewith.
Dated this the Ard
' : eee
ae scene
Adt. AR. George
Mediator
BRroakulam Mediation Centre
BEPORE THE HONOURABLE HIGH COORT OF
KERALA AT ERNARULAM
W.P.C. No.10309 of 2023
Sijo Joseph > Bettoner
Vs.
M's HDB Financial Services Lal : Respondents
9 0 F_CIVEL PROCEDURE : READ WITH
RULES 24. _& 28 OF THE CIVIL -PROCEDURE
'The dispate covered In the above case was referred for Court annexed
mediation, and was mediated by Mr AJR. George, Advocate and
accredbed trained mediator and parties have agreed to settle the dispute as
ander
i. The Petitioner and 1° Respondent resolved the entire dispute
involved in this case and settled the matter for the total sum of
Rs,5,00,000/-(Rupees mine lakhs only}
2. The 2" Respondent has accepted the above emount
Rs.5 00,0004 Rupees nine lakhs only) and underigken to release the
vehicle in daestion to the Petinionerfor to the person nominated by
the Petitioner at the earliest with all relevant decumenis. While
reigasing the vehicle the Petitioner undertakes to pay the yan rent
fred iy de perscn.
Respondents 2 & 3 are proforma parties to this settlement, and | wnce
&
they need not by signatories to this s terms ats setement.
x : =
Bi. ala State Mediation ASR LANE
ee Pg *
4. In view
above Writ Petition be treated as closed
Thated this the Srd day of July
"Petitioner
Sijo Joseph
O os ~ Xe
f <\ ur y) 3 ark ' Ase r kes Bd i.
Co sanse| fe r Petiliongr
Los a ' SN °
P Moe as
, ORNS mae
yO i é
of above setthement arrived at bx
bath parthes
Res
Counsel for Responden
agree that t
>
Ny
