M/S.Indusind Bank Ltd vs Smt.Subaida Basheer
2023 Latest Caselaw 458 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                        CON.CASE(C) NO. 49 OF 2023
 AGAINST THE JUDGMENT IN WP(C) 31361/2022 OF HIGH COURT OF KERALA
PETITIONER/RESPONDENT:

             M/S.INDUSIND BANK LTD
             AUTHORISED OFFICER, NEW NO.34, OLD NO.115 & 116,
             GN CHETTY ROAD, T NAGAR, CHENNAI - 600017
             REPRESENTED BY ITS AUTHORISED OFFICER , ANTONY XAVIER,
             AGED 36 YEARS, S/O.XAVIER ] M/S. INDUSIND BANK LTD.,
             (VEHICLE FINANCE DIVISION), JAIN TOWER-2, VARAPUZHA
             ROAD, NEAR RAILWAY OVER BRIDGE, TOLL JUNCTION,
             EDAPPALLY,
             ERNAKULAM DISTRICT, PIN - 682024
             BY ADVS.
             G.HARIHARAN
             PRAVEEN.H.
             K.S.SMITHA
             V.R.SANJEEV KUMAR
             GENTLE C.D.
             SUBYMOL K.J.
             SINDHU CHERIYAN


RESPONDENT/PETITIONER:

             SMT.SUBAIDA BASHEER
             AGED 46 YEARS, S/O. ABDUL BASHEER.N.I,
             NADOOPARAMBIL HOUSE,
             KOORACHUNDU.P.O.,KALANGALI,
             KOZHIKODE DISTRICT, PIN - 673527
OTHER PRESENT:

             ADV. REEHA KHADER (FOR R)


     THIS    CONTEMPT   OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C) NO. 49 OF 2023
                                2




                           JUDGMENT

Having heard the learned counsel for the petitioner and the

learned counsel appearing for the respondent. I am of the view that,

while it is open to the petitioner to proceed further against the

respondent in the event of non compliance of the directions contained

in Annexure III judgment of this Court, no proceedings under the

Contempt of Courts Act will lie for non compliance with the directions

to pay the amounts in installment.

Contempt of Court case is closed making it clear that it open to

the petitioner to proceed against the respondent in accordance with

law.

Sd/-

GOPINATH P.

JUDGE TR Con.Case(C) NO. 49 OF 2023

APPENDIX OF CON.CASE(C) 49/2023

PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE REGISTRATION STATUS RELATING TO VEHICLE NO.KL-77-2376 Annexure II A TRUE COPY OF THE NOTICE DATED 02.11.2021 ISSUED BY THE PETITIONER ADDRESSED TO THE RESPONDENT Annexure III A TRUE COPY OF THE JUDGMENT MADE IN W.P.

(C).NO.31361/2022 DATED 19.10.2022 BY THIS HON'BLE COURT