Kerala High Court
Shaji George vs M/S. Kotak Mahindra Bank Ltd on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 18358 OF 2024
PETITIONER:
SHAJI GEORGE, AGED 49 YEARS,
S/O. GEORGE, RESIDING AT THEKKANATH,
ELAMPUZHA, KARALAM, THRISSUR DISTRICT,
PIN - 680701.
BY ADVS.G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR
V.ROHITH
AFNA V.P.
RESPONDENTS:
1 M/S. KOTAK MAHINDRA BANK LTD.,
1ST FLOOR, OPPOSITE HOTEL INTERNATIONAL,
KANAKA DAMODAR BUILDING, VEEKSHNAM ROAD,
COCHIN, ERNAKULAM DISTRICT
REPRESENTED BY ITS BRANCH MANAGER, PIN - 682035.
2 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, IRINJALAKUDA,
MINI CIVIL STATION, IRINJALAKUDA,
THRISSUR DISTRICT, PIN - 680121.
3 RESERVE BANK OF INDIA,
BAKERY JUNCTION ROAD, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS REGIONAL
MANAGER, PIN - 695033.
4 THE BANKING OMBUDSMAN, 1ST FLOOR RBI BUILDING,
THIRUVANANTHAPURAM PO, THIRUVANANTHAPURAM,
PIN - 695001.
BY ADV JEEJAN T
SMT.THUSHARA C.PULICKAL, SC
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18358 OF 2024
-2-
JUDGMENT
Even though various prayers have been
impelled in this Writ Petition, when this matter
was called today, Sri.G.Hariharan - learned
counsel for the petitioner, confined his plea
that the 1st respondent - Bank, be directed to
allow his client to pay off the overdues in the
loan facilities availed of from them in four
equal monthly instalments.
2. Smt.Thushara C.Pulickal - learned
Standing Counsel for respondent No.1, in
response, submitted that the total overdues in
two loan accounts of the petitioner is
Rs.7,82,915/- as on 05.06.2024; and that he can
be allowed to pay off the same in four EMIs,
commencing from 10.07.2024. She added that, if
the petitioner pays a minimum of two
instalments, the vehicle can be released to him;
however, on condition that he will surrender the
WP(C) NO. 18358 OF 2024
same if the further instalments are defaulted
without demur.
3. Sri.G.Hariharan - learned counsel for
the petitioner, accepted the afore suggestion.
Taking note of the afore submissions, I
allow this writ petition and permit the
petitioner to pay off the overdue amount, along
with all applicable charges and interest, in
four instalments, commencing from 10.07.2024.
These payments shall be made along with the
regular EMIs, without any default in either of
them.
Needless to say, once the petitioner pays
two instalments as ordered above, the 1 st
respondent will give back possession of the
vehicle to him; however, under their Authority,
until such time as the balance of the two
instalments is also paid.
It goes without saying that, if there is any
WP(C) NO. 18358 OF 2024
default in the afore, the petitioner will
surrender the vehicle to the 1st respondent
without them having to take any legal course;
and that they will be at liberty to deal with it
in any manner they choose as per law, following
due procedure.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 18358 OF 2024
APPENDIX OF WP(C) 18358/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE RELATING TO THE HEAVY
GOODS VEHICLE TANKER LORRY BEARING
REGISTRATION NO.KL-45V-6633
EXHIBIT P2 A TRUE COPY OF THE NOTICE OF REFERENCE
TO ARBITRATION ISSUED ON 03.05.2024 BY
THE 1ST RESPONDENT ADDRESSED TO THE
PETITIONER AND TWO OTHERS
EXHIBIT P3 A TRUE COPY OF THE OBJECTION DATED
10.05.2024 SENT BY THE PETITIONER
ADDRESSED TO THE 1ST RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT MADE IN
CIVIL WRIT JURISDICTION CASE
NO.3456/2021 AND CONNECTED CASES BY
THE HIGH COURT OF JUDICATURE OF PATNA
ON 19.05.2023
EXHIBIT P5 A TRUE COPY OF THE REQUEST DATED
12.05.2024 SENT BY THE PETITIONER
ADDRESSED TO THE 2ND RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE COMPLAINT DATED
18.05.2024 SENT BY THE PETITIONER
AGAINST THE 1ST RESPONDENT BEFORE THE
4TH RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE CIRCULAR
NO.RBI/2022-23/108DOR. ORG. REC.65/
21.04.158/ 2022-23 ISSUED BY THE 3RD
RESPONDENT ON 12.08.2022
