Kerala High Court
Prasanth P V vs Hdfc Bank Limited on 4 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 18198 OF 2024
PETITIONER:
PRASANTH P V, AGED 40 YEARS, S/O GOVINDAN,
PUTHIYAVEETTIL HOUSE, KOTTUMUGHAM P O,
ELLARINHI, SREEKANDAPURAM, KANNUR,
PIN - 670631
BY ADV VIJAYAKUMARI
RESPONDENT:
HDFC BANK LIMITED, REPD BY THE MANAGER ,
KVR TOWERS, SOUTH BAZAAR, KANNUR,
KERALA, PIN - 670002
BY ADVS.
SUSANTH SHAJI
V.V.SHAJI(S-1400)
ALBIN A. JOSEPH(K/1299/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 18198/24
2
JUDGMENT
Even though various assertions, averments and allegations
have been made and urged in this Writ Petition, when this matter
was called today, Smt.Vijayakumari R. - learned counsel for the
petitioner, confined her plea that the respondent be directed to
allow her client to pay off the overdue amount in the loan
account, so as to obtain release of the vehicle forthwith.
2. In response, Sri.V.V.Shaji - learned Standing Counsel
for the respondent-Bank, submitted that the overdue amount in the
loan account of the petitioner is Rs.2,64,241/- as on 03.06.2024
and that his client has already taken possession of the vehicle. He
added that, if the petitioner is willing to pay Rs.1.5 Lakhs
immediately, then the vehicle can be released to him; however, on
condition that he will hold it under his client's permissive
authority and will pay off the balance amounts, along with all
applicable charges and interest, in not more than four equal
monthly installments. He, however, prayed that if the petitioner is
to commit default of such payment, he may be directed to
surrender the vehicle to his client without constraining them to
take any legal action.
3. Smt.Vijayakumari R. acceded to the afore suggestion.
In the afore circumstances, I allow this Writ Petition with
the following directions:
a) The petitioner will remit an amount of Rs.1.5 Lakhs
into the loan account at the earliest.
b) On the afore amount being remitted, the respondent-
Bank will release the vehicle to the petitioner, however, on
condition that he will use it under their authority, without causing
any damage to it.
c) The petitioner will pay the balance of the overdue
amount, along with all applicable charges and interest, in 4 equal
monthly installments, commencing from 15.07.2024. He shall also,
in addition to this, pay the regular EMIs without fail.
d) Needless to say, should the petitioner continue paying
as afore, then the loan account will stand regularised and he will
be at liberty to service the balance as per the original sanction;
but, if on the contrary, he commits default of two installments as
ordered above, he will surrender the vehicle to the respondent-
Bank without demur, who will be at liberty to deal with it in any
manner that they may deem fit, as per law, following due
procedure.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 18198/2024
PETITIONER EXHIBITS
Exhibit.P 1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF MAHINDRA FURIO GOODS
CARRYING VEHICLE HAVING REG NO.KL59X8932
Exhibit .P2 TRUE COPY OF THE LETTER SENT BY THE
RESPONDENT TO THE PETITIONER DATED
07/05/2024
Exhibit.P 3 TRUE COPY OF THE 2ND LETTER DATED
07/05/2024 ISSUED BY THE RESPONDENT TO
THE PETITIONER
