Abees Abdul Khader vs Hdb Financial Services
2023 Latest Caselaw 10987 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                      WP(C) NO. 33558 OF 2023
PETITIONER:

             ABEES ABDUL KHADER
             AGED 42 YEARS, VELLAPPILLI HOUSE,
             MANJALLOOR POST, MANJALLOOR, MUVATTUPUZHA,
             ERNAKULAM DISTRICT, PIN - 686670
             BY ADV.
             SRI.V.VISAL AJAYAN

RESPONDENT:

             HDB FINANCIAL SERVICES
             2ND FLOOR,DOOR NO.11/275 02,
             KALLUMKAL BUILDING,COLONY STOP,
             VAZHAKKALA, THRIKKAKKARA PO,
             KAKKANAND, PIN - 662021
             BY ADV.
             SRI.P. PAULOCHAN ANTONY - SC



      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. 33558 of 2023
                                  :2:



                     DEVAN RAMACHANDRAN, J.
                 =========================
                      W.P.(C).No. 33558 of 2023
                ==========================
                Dated this the 26th day of October, 2023

                             JUDGMENT

The petitioner has approached this Court assailing the action

taken by the respondent in recovering the outstanding amount in

his loan account, as also in repossessing the vehicle which was

purchased availing the said loan facility.

2. However, when this matter was called today, Sri.V.Visal

Ajayan - learned counsel for the petitioner, submitted that his

client's intention is only to pay off the loan liability to the

respondent honourably and that he will pay Rs.8 lakhs on or before

15.11.2023; while, the balance overdue in 12 equal monthly

installments. He prayed that this Court direct the respondent to

accede to his client's request.

3. However, Sri.P.Paulochan Antony - learned Standing

Counsel for the respondent, submitted that the loan account cannot

be regularised and that petitioner will have to pay off the total

liability therein, which is to the tune of Rs.16,18,048/- as on

25.10.2023. He submitted that if the petitioner is willing to pay

Rs.8 lakhs on or before 15.11.2023, as now offered, then the

balance can be allowed to be paid off in eight equal monthly W.P.(C).No. 33558 of 2023

installments.

4. It is indubitable that this Court cannot go beyond the

concessions given by the respondent, particularly in the case of

disputes related to financial facilities covered by contractual

stipulations. I, therefore, asked Sri.V.Visal Ajayan, whether his

client would accede to the afore suggestion of Sri.P.Paulochan

Antony, and his unreserved answer was to the affirmative. He, in

fact, prayed that this writ petition be ordered on such terms;

however, adding that, on payment of Rs.8 lakhs on or before

15.11.2023, the respondent may be directed to hand over the

vehicle back to his client, undertaking that, if he commits any

further default, he would surrender it before them, without any

further action being taken.

Taking note of the afore submissions, I dispose of this writ

petition in the following manner:

(a) The petitioner will pay the respondent an amount of

Rs.8 lakhs on or before 15.11.2023,

(b) If the afore is done, then the petitioner will be

permitted to pay off the balance of the total outstanding

in the loan account, along with all applicable charges

and interest, in eight equal monthly installments,

commencing from 15.12.2023.

W.P.(C).No. 33558 of 2023

(c) If the petitioner remits the payment of Rs.8 lakhs in

terms of direction (a) above, then the vehicle in question

will be released to him on proper authorisation;

however, on condition that, if he is to default payment of

any of further EMI's as ordered in direction (b) above,

then he will be obligated to surrender the same to the

respondent without any notice being issued, and should

he refuses to do so, then I leave full liberty to the

respondent to repossess the same and proceed against

it, as also for recovery, without having to obtain any

other orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 33558 of 2023

APPENDIX OF WP(C) 33558/2023

PETITIONER EXHIBITS Exhibit 1 TRUE COPY OF THE REGISTRATION CERTIFICATE BOOK OF THE VEHICLE DATED 21.10.2019 Exhibit 2 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 19.08.2023

RESPONDENT EXHIBITS : NIL.