Kerala High Court
M/S. Indusind Bank Ltd vs Abdul Thahir.T.P on 16 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
RP NO. 159 OF 2024
AGAINST THE JUDGMENT IN WP(C) 2377/2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/1ST RESPONDENT
M/S. INDUSIND BANK LTD
REGISTERED OFFICE AT 2401 GENERAL THINMMAYA ROAD,
CANTONMENT PUNE -11001 AND ITS VEHICLE FINANCE DIVISION
AT 92(86) CHAMIERS ROAD,
CHENNAI - 600018 AND STATE OFFICE AT 1ST FLOOR,
JAIN TOWERS, NEAR AL-SHIFA HOSPITAL,
VARAPUZHA ROAD, NEAR RAILWAY OVERBRIDGE,
EDAPPALLY, ERNAKULAM DISTRICT-682025
HAVING BRANCH OPPOSITE NEAR GOVERNMENT HOSPITAL,
PERINTHALMANNA, MALAPPURAM DISTRICT-679322
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 679322
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR
RESPONDENT/PETITIONER/2ND RESPONDENT:
1 ABDUL THAHIR.T.P
S/O.MOHAMMEDKUTTY, THENAMPULAKKAL HOUSE,
EDARIKODE.P.O., THIRUR,
MALAPPURAM DISTRICT, PIN - 676501
2 RESERVE BANK OF INDIA
16 TH FLOOR, CENTRAL OFFICE BUILDING,
SHAHID BHAGAT SINGH MARG,
MUMBAI REPRESENTED BY ITS AUTHORISED OFFICER,
PIN - 400001
SRI.STALIN PETER DAVIS
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO.159 OF 2024
in
W.P.(C) No.2377 of 2024
2
ORDER
Dated this the 16th day of February, 2024
This Court disposed of WP(C) No.2377 of 2024 with the
following directions:-
"(i) The petitioner shall clear the overdue
EMI dues in two consecutive monthly installments.
First of such installments should be paid on or before
23.02.2024.
(ii) The 1st respondent is directed to
release the vehicle to the petitioner after the
petitioner clears the first instalment.
(iii) Needless to say, the petitioner shall
continue to pay the current EMI amounts along with
the above remittances.
(iv) If the petitioner commits default in
making payments as directed above, the 1st
respondent will be at liberty to continue with the
coercive proceedings against the petitioner in
accordance with law."
2. The respondent-Bank has filed Review Petition
stating that on the failure of the petitioner to adhere to the time
schedule prescribed by this Court, instead of giving the 1 st
RP NO.159 OF 2024
in
respondent liberty to continue with the coercive proceedings,
this Court ought to have directed the petitioner to give an
undertaking that if the time schedule is not adhered to, the
petitioner will voluntarily surrender the possession of the
vehicle.
3. I am doubtful whether this is a ground sufficient to
review the judgment as there is no error apparent on the face
of the records. The counsel for the writ petitioner, however,
submits that he has already paid the 1st instalment and he
intends to follow the suit by paying the 2nd instalment in time.
The petitioner is ready to give an undertaking to that effect.
In the circumstances of the case, I do not find any
necessity to review the writ petition. The Review Petition is,
however, disposed of recording the submission that the writ
petitioner will give an undertaking to the review petitioner-
Bank to the effect that in case the 2 nd instalment is not duly
RP NO.159 OF 2024
in
paid in time, the writ petitioner shall voluntarily surrender the
possession of the vehicle.
Sd/-
N.NAGARESH
JUDGE
hmh
RP NO.159 OF 2024
in
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.16383/2021 JUDGMENT DATED
21.12.2021
Annexure II TRUE COPY OF THE JUDGMENT MADE IN
CON.CASE (C).NO.1915/2021 BY THIS
HON'BLE COURT ON 10.06.2022
