Kerala High Court
Prakash B vs Canara Bank - Regional Officer on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 27643 OF 2024
PETITIONER:
PRAKASH B,
AGED 50 YEARS
S/O. K.P.BHASKARAN, PANDARATHIL HOUSE, ERUMAKUZHY,
NOORANAD P.O., ALAPPUZHA, PIN - 690 504
BY ADVS.
S.GOPAKUMAR
T.M.BINITHA
RESPONDENTS:
1 CANARA BANK - REGIONAL OFFICER,
REP. BY REGIONAL MANAGER 1ST FLOOR, BSNL CTO
BUILDING,NEAR IRON BRIDGE, ALAPPUZHA,
PIN - 688 011
2 CANARA BANK - NOORANAD BRANCH,
REP. BY BRANCH MANAGER CANARA BANK NOORANAD
BRANCH, 5/847, AVM AUDITORIUM COMPLEX,K.P.ROAD,
NOORANAD, ALAPPUZHA, PIN - 688 561
BY ADVS.
Gopikrishnan Nambiar M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
WP(C) NO.27643 OF 2024
2
OTHER PRESENT:
SRI. M. GOPIKRISHNAN NAMBIAR-SC
SMT.AKHILA NAMBIAR (REPRESENTED)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.27643 OF 2024
3
DINESH KUMAR SINGH, J.
---------------------------------------
W.P.(C) No.27643 of 2024
---------------------------------------
Dated this the 2nd day of August 2024
JUDGMENT
The present writ petition has been filed with the following
prayers:
i. "Issue a writ of mandamus or any other appropriate
writ or order restraining them from selling the Maruti
Wagon R LXI BS IV car bearing registration number
KL-31-K-7066 of the petitioner.
ii. Issue a writ of mandamus or any other appropriate
writ or order granting custody of the Maruti Wagon R
LXI BS IV car bearing registration number KL-31-K-
7066 of the petitioner with an option to clear the
loan liability in the loan account No. 3015603001151
in a phased manner.
iii. Pass such other writ, order or direction as this
Hon'ble Court may deem just, fit and necessary in
the facts and circumstances of this case.
iv. Award cost of this proceedings to the petitioner."
2. The petitioner had taken vehicle loan for his vehicle,
Maruti Wagon R LXI BS IV having registration bearing No.KL-31-K-
7066 from the respondent Bank. The petitioner was discharging the
WP(C) NO.27643 OF 2024
loan liability along with the interest in installments. However, the
petitioner committed default in making repayment of the loan
amount. The Bank, therefore, classified the loan account of the
petitioner as NPA and took possession of the vehicle of the
petitioner on 27.06.2024. As on today, the total outstanding is
Rs.2,64,944/-.
3. The learned counsel for the petitioner submits that the
petitioner is willing to pay Rs.1 lakh within a period of one month
from today i.e., on or before 01.09.2024 and remaining
outstanding amount in two equal monthly installments. He further
submits that on payment of Rs.1 lakh to the Bank, the Bank should
handover the vehicle to the petitioner.
The learned counsel for the respondent Bank for does not
have much objection to the said prayer of the petitioner. In view
thereof the present writ petition is disposed of with following
terms.
1. The petitioner shall pay Rs.1 lakh on or before
01.09.2024. On payment of Rs.1 lakh on or before
01.09.2024, the Bank shall release the Vehicle to the
petitioner.
2. The remaining amount shall be paid in two equal
monthly installments i.e, on or before 07.10.2024 and
07.11.2024.
WP(C) NO.27643 OF 2024
3. Incase of failure to make payment of Rs.1 lakh or two
installments as directed above, the Bank shall be free to
dispossess of the vehicle.
4. The petitioner shall not create any third party right
towards the vehicle till the payment of the entire amount as
directed above.
Sd/-
DINESH KUMAR SINGH
JUDGE
SSG
WP(C) NO.27643 OF 2024
APPENDIX OF WP(C) 27643/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE
RESPONDENT NO.1 DT. 24/07/2023
