Kerala High Court
Thankamma vs Hdb Financial Service Limited on 15 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5697 OF 2024
PETITIONER:
THANKAMMAAGED 71 YEARSW/O PADMANABHAN, SREEKAILAS
HOUSE, MOONJELI DESOM, WEST CHALAKKUDY, CHALAKKUDY
TALUK, THRISSUR, PIN - 680307
BY ADVS.ANAND KALYANAKRISHNANC.DHEERAJ RAJAN
RESPONDENTS:
1 HDB FINANCIAL SERVICE LIMITED2ND FLOOR, 14/488/26,
SUNCITY, KOORKENCHERRY LAND MARK, ABOVE FEDERAL BANK,
THRISSUR, REPRESENTED BY ITS BRANCH MANAGER, PIN -
680007
2 AUTHORIZED OFFICERHDB FINANCIAL SERVICE LIMITED, 2ND
FLOOR, 14/488/26, SUNCITY, KOORKENCHERRY LAND MARK,
ABOVE FEDERAL BANK, THRISSUR, PIN - 680007
OTHER PRESENT:
SRI. P PAULOCHAN ANTONY,
SC FOR HDB FINANCIAL SERVICE LTD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner states that she is the proprietor of Avanna Chickens
and had availed a loan for the purchase of a vehicle from the respondents.
As the petitioner faced serious loss in his business due to the pandemic,
she could not make the monthly remittances on time. Without granting the
petitioner breathing time, the respondents took repossession of the vehicle.
It is on these assertions that the petitioner has approached this Court
seeking directions.
2. Sri. Anand Kalyanakrishnan, the learned counsel appearing for
the petitioner, submitted that the limited request of the petitioner at this
stage is for the issuance of directions to the respondents to permit the
petitioner to clear off the arrears in 20 equal monthly installments.
3. The learned standing counsel appearing for the respondent
submitted that the total outstanding is Rs.6,97,091/-. It is submitted that if
a sum of Rs.50,000/- is paid before the end of this month and a further sum
of Rs. 3 lakhs is paid on or before 31.3.2024, the respondents shall release
the vehicle to the petitioner. The petitioner can remit the balance amount in
eight installments.
4. The learned counsel appearing for the petitioner accepts the
offer and agrees to pay the amount.
5. Having considered the submissions, this writ petition is
disposed of directing the petitioner to pay a sum of Rs.50,000/- on or before
29.2.2024 and a further sum of Rs.3 lakhs to be paid on or before
31.3.2024. On such payment, the vehicle shall be released to the petitioner.
Thereafter, the petitioner shall effect the balance payment due to the
financier in eight equal monthly installments commencing from the 1st of
May, 2024. If the amounts are diligently paid in terms of the directions
above, all coercive proceedings shall be deferred. If default is committed,
the concerned respondent will be free to continue with the coercive
proceedings.
sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
PS/15/2/24
APPENDIX OF WP(C) 5697/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RC PARTICULARS OF THE VEHICLE
HAVING REGISTRATION NUMBER KL-64-H-915
