Shanoop Basheer vs The Authorized Officer
2023 Latest Caselaw 11277 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                    WP(C) NO. 34272 OF 2023
PETITIONER:

         SHANOOP BASHEER
         AGED 43 YEARS
         S/O. BASHEER AHMED, 2/83/F, NAVARANG ROAD,
         EAST HILL, KARAPARAMBA P.O,
         KOZHIKODE, PIN - 673010

         BY ADV NEMOM CHANDRA BABUAYAPPAN


RESPONDENTS:

    1    THE AUTHORIZED OFFICER
         HDFC BANK, CHALAPPURAM BRANCH,
         NO.14/15, INDO CHAMBERS, INDO JUNCTION,
         KALLAI ROAD, CHALAPPURAM, CALICUT, PIN - 673013
    2    THE BRANCH MANAGER
         HDFC BANK, CHALAPPURAM BRANCH, NO.14/15,
         INDO CHAMBERS, INDO JUNCTION, KALLAI ROAD,
         CHALAPPURAM, CALICUT, PIN - 673013

         SRI.PRADEESH CHACKO

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 27.10.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.34272 of 2023
                              2




                          JUDGMENT

Dated this the 27th day of October, 2023

The petitioner is before this Court aggrieved by the

coercive proceedings of the respondents for realisation of the

vehicle loan amount from the petitioner.

2. The petitioner states that he availed a car loan on

21.04.2021 for an amount of ₹28 lakhs. A Jeep New

Compass model car bearing registration No.KL-11BU-0777

was purchased. On 12.10.2023, the petitioner was served

with Ext.P1 advocate notice stating that the advocate will be

taking possession of the car covered under Ext.P1 on the

same day.

3. The petitioner states that coercive proceedings are

unwarranted. The petitioner has defaulted in making nine

Equated Monthly Installments. The petitioner is ready and

willing to clear those pending EMIs within a reasonable time. WP(C) No.34272 of 2023

4. Respondents entered appearance through

Standing Counsel and resisted the writ petition. The Standing

Counsel pointed out that the present overdue EMI amount

from the petitioner is ₹5,84,190/-. If the petitioner makes bulk

amount towards repayment of this pending EMIs, the

petitioner can be granted a very short time.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

6. Taking into consideration the fact that the loan

involved is a vehicle loan and the petitioner has been paying

EMIs regularly at the initial stage, I am inclined to grant a

reasonable time to the petitioner to clear the pending dues.

7. The writ petition is therefore disposed of with the

following directions:

(i) The petitioner shall clear the overdue EMI

dues in five consecutive monthly installments. First of

such installments should be paid on or before WP(C) No.34272 of 2023

27.11.2023.

(ii) The respondents are directed to release the

vehicle to the petitioner once the petitioner clears the

pending EMI arrears.

(iii) Needless to say, the petitioner shall

continue to pay the current EMI amounts along with

the above remittances.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.34272 of 2023

APPENDIX OF WP(C) 34272/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ADVOCATE NOTICE DATED NIL