Kerala High Court
Safeer T.M.V vs Union Of India on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
W.P.(C) NO.31349 OF 2022
PETITIONER:
SAFEER T.M.V.,
AGED 37 YEARS, S/O. IBRAHIM,
HAJI SAREENA MAHAL,
KAYARALAM MOTTA, KAYARALAM, KANNUR-670602.
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF LAW & JUSTICE,
MOULANA AZAD ROAD,
NEW DELHI-110 011.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 HIGH COURT OF KERALA
REPRESENTED BY REGISTRAR GENERAL,
ERNAKULAM-682 031.
4 HDB FINANCIAL SERVICES LTD.
REPRESENTED BY BRANCH MANAGER,
MADHAV APARTMENT BUILDING, 2ND FLOOR,
CHOVVA P.O., KANNUR, PIN-670 002.
SRI. MANU S., DSGI
-2-
W.P.(C) NO.31349 OF 2022
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
BY ADVS.
N.J.ASHWIN
B.G.HARINDRANATH
P.T.MARY
CAROLIN SINDHU VAZ(C-2)
R.S.REJITHA(K/773/2007)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
-3-
W.P.(C) NO.31349 OF 2022
JUDGMENT
Dated this the 17th day of January, 2023
Although various factual and legal contentions are
raised, the indisputable fact is that the petitioner's vehicle
was re-possessed by the 4th respondent due to the default in
repaying the loan amount. Being so, it may not be
appropriate for this Court to delve into the merits of the
factual contentions raised by both sides. As the petitioner
has volunteered to repay the amount in reasonable
instalments, the writ petition is disposed of with the
following directions;
(i) The petitioner is permitted to repay the balance
amount of Rs.35,46,464/-, with interest and cost if
any, in 20 equated monthly instalments.
(ii) The first instalment shall be remitted on or
before 20.02.2023 and the balance instalments,
before the 20th of every succeeding month.
(iii) If the first five instalments are remitted without
default, the petitioner can approach the 4 th
respondent with a request for releasing the vehicle
W.P.(C) NO.31349 OF 2022
by substituting the security with immovable
property.
(iv) If such request is made, the same shall be
considered sympathetically and appropriate
decision taken thereon by the 4th respondent.
(v) Default in remittance of any one of the
instalments will result in the benefit of the
judgment being withdrawn.
(vi) If the remittances are made without default,
the vehicle shall not be sold.
Sd/-
V.G. ARUN
JUDGE
bpr
W.P.(C) NO.31349 OF 2022
APPENDIX OF WP(C) 31349/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 COPY OF LETTER DATED 20-07-2021
EVIDENCING DETAILS OF THE LOAN
SANCTIONED THRISSUR
EXHIBIT P2 COPY OF PAYMENT OF 17 INSTALLMENTS BY
THE PETITIONER EVIDENCED BY THE BANK
STATEMENT OF THE PETITIONER FOR THE
PERIOD 26-11-2020 TO 26-09-2022
EXHIBIT P3 COPY OF AWARD DATED 11-04-2022 IN ARB.
CASE NO. ARC/ HDB/VL/27816.
EXHIBIT P4 COPY OF NOTICE (POSSESSION NOTICE) DATED
20-09-2022 HANDED OVER BY THE ADVOCATE
COMMISSIONER APPOINTED IN CMAPP
(ARB)32/2022 OF COMMERCIAL COURT,
THALASSERY
EXHIBIT P5 COPY OF PROCEEDINGS HANDED OVER BY THE
ADVOCATE COMMISSIONER APPOINTED IN CMAPP
(ARB)32/2022 OF COMMERCIAL COURT,
THALASSERY
EXHIBIT P6 COPY OF LETTER DATED 24-09-2022 SENT BY
THE PETITIONER TO 4TH RESPONDENT
EXHIBIT P7 COPY OF NOTIFICATION NO. G.O.
(MS)NO.51/2020/HOME DATED 24-02-2020
EXHIBIT P8 COPY OF OFFICIAL MEMORANDUM NO.
A1-22133/2015/D1/D7(B)(1) DATED 12-03-
2020 OF 3RD RESPONDENT
EXHIBIT P9 COPY OF NOTIFICATION NO. G.O.(M.S), NO.
53/2022/HOME, S.R.O. NO. 336/2022 DATED
18.03.2022.
EXHIBIT P10 COPY OF ON-LINE CASE STATUS IN C.M. APPL
(ARB.32/222 OF COMMERCIAL COURT,
THALASSERY.
W.P.(C) NO.31349 OF 2022
RESPONDENTS' EXHIBITS
EXHIBIT R4(A) TRUE COPY OF COMMISSION REPORT
EXHIBIT R4(B) TRUE COPY OF PHOTOGRAPH OF SEIZED
VEHICLE
