Muhammed Rashid Vaniya ... vs Federal Bank Ltd
2023 Latest Caselaw 10980 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                    WP(C) NO. 33255 OF 2023
PETITIONER:

         MUHAMMED RASHID VANIYA PEEDIYEKKAL,
         AGED 37 YEARS, S/O KUNHEEN HAJI PROPRIETOR,
         SHREELA PACKS, 12/387, KULUKKALLUR, PATTAMBI,
         PALAKKAD, PIN - 679 337.

         BY ADVS.
              ABHIJITH E.R.
              SNEHA M.S.


RESPONDENTS:

    1    FEDERAL BANK LTD
         PRANAVAM BUILDING , PATTAMBI MELEPATTAMBI,
         PALAKKAD DISTRICT., PIN - 679 306
         REPRESENTED BY ITS AUTHORIZED OFFICER,
         (APPOINTED UNDER THE SARFAESI ACT)

    2    THE AUTHORISED OFFICER
         (APPOINTED UNDER THE SARFAESI ACT)
         FEDERAL BANK LTD, PRANAVAM BUILDING ,
         PATTAMBI MELEPATTAMBI, PALAKKAD DISTRICT,
         PIN - 679 306.

         BY ADV
              P.PAULOCHAN ANTONY-STANDING COUNSEL

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 26.10.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.33255 of 2023
                                :2:




                           JUDGMENT

Dated this the 26th day of October, 2023

The petitioner submits that the petitioner has

taken two vehicle loans from the 1st respondent-Bank and six

monthly installments were defaulted as on date. According to

the petitioner, the defaulted amount would be ₹3,14,000/-.

2. Standing Counsel for the respondents submits

that he would require time to get instructions. No coercive

proceedings have been taken against the petitioner as on

date.

3. The petitioner submits that if the respondents are

taking forceful physical possession of the vehicles, the

petitioner will be put to untold hardship.

In the facts of the case, the writ petition is

disposed of directing that the petitioner shall remit an

amount of ₹1,00,000/- within a period of three weeks.

Thereafter, if the petitioner approaches the respondents for W.P.(C) No.33255 of 2023

regularisation of the loan account, the respondents will take

appropriate decision on the application in accordance with

law. The statement made on behalf of the respondents that

no coercive proceedings have been taken as on date, is

recorded.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) No.33255 of 2023

APPENDIX OF WP(C) 33255/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 21/12/2018 ISSUED TO THE PETITIONER EVIDENCING HIS PROPRIETORSHIP OF M/S SHREELA PACKS IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1.

Exhibit P2 A TRUE COPY OF THE GST CERTIFICATE DATED 27/02/2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS BUSINESS CONCERN AT MAHARASHTRA IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.

Exhibit P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 LE 0414 DATED 08/07/2022 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3

Exhibit P4 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 LE 0413 DATED 08/07/2022 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4