Sreejith P.M vs The Authorized Representative, Yes ...
2024 Latest Caselaw 31967 Ker

Kerala High Court

Sreejith P.M vs The Authorized Representative, Yes ... on 7 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                             2024:KER:86846

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                          WP(C) NO. 35418 OF 2024

PETITIONER:

            SREEJITH P.M.
            AGED 42 YEARS
            S/O. MADHAVAN P.K., PALAMOOTTIL HOUSE, MUDAVOOR,
            VELLOORKUNNAM P.O., MUVATTUPUZHA, ERNAKULAM, PIN -
            686669


            BY ADVS.
            JAMES ABRAHAM (VILAYAKATTU)
            AMMU ASHOKAN




RESPONDENTS:

    1       THE AUTHORIZED REPRESENTATIVE, YES BANK LIMITED
            1ST FLOOR, PUTHURAN PLAZA, NORTHERN SIDE, KPCC
            JUNCTION, M.G. ROAD, ERNAKUALM, PIN - 682011

    2       THE STATION HOUSE OFFICER
            MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA, ERNAKULAM
            DISTRICT,, PIN - 686661



            SRI. AJITH VISWANATHAN, GP.
            SRI. PAULOCHAN ANTONY SC FOR YES BANK.


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                         2024:KER:86846
WP(C)No.35418 of 2024

                                   2


                            JUDGMENT

Dated this the 7th day of November, 2024

The petitioner's grievance is regarding the

attempt to re-possess his vehicle hypothicated with

the Bank with the help of recovery agents.

2. When this matter is taken up for

consideration, learned Counsel for the respondent

Bank submitted that, as on date Rs.3,50,000/- is in

arrears and the respondent has every right to

proceed with the recovery.

3. Learned Counsel for the petitioner sought

indulgence and submitted that, given an opportunity,

the petitioner will repay the amount in installments.

2024:KER:86846

In the light of the above submissions, the

writ petition is disposed of, permitting the petitioner

to repay the amount of Rs.3.5 Lakhs in arrears in

two installments. The first installment of Rs.1 Lakh

shall be remitted by 30.11.2024 and the balance

Rs.2.5 lakhs by 31.12.2024 along with regular

E.M.Is. If the payments of either installments or the

regular E.M.Is are defaulted, the respondent can

proceed with the recovery.

Sd/-

V.G.ARUN JUDGE SSK/7/11 2024:KER:86846

APPENDIX OF WP(C) 35418/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ACCOUNT STATEMENT FOR A PERIOD FROM 11.4.2023 TO 29.4.2024 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPIES OF THE TRANSACTION DETAILS FOR THE MONTH OF APRIL, 2024

Exhibit P3 TRUE COPIES OF PAYMENTS DETAILS FOR THE MONTH OF MAY, 2024

Exhibit P4 TRUE COPIES OF PAYMENTS DETAILS FOR THE MONTH OF JUNE, 2024

Exhibit P5 TRUE COPY OF PAYMENTS DETAILS FOR THE MONTH OF JULY, 2024

Exhibit P6 TRUE COPIES OF PAYMENTS DETAILS FOR THE MONTH OF AUGUST, 2024

Exhibit P7 TRUE COPY OF THE COMPLIANT ALONG WITH POSTAL RECEIPT DATED 25.9.2024

Exhibit P8 TRUE COPY OF THE NOTICE DATED 17.4.2024 ISSUED BY THE 1ST RESPONDENT

Exhibit P9 TRUE COPY OF THE LOAN RECALL NOTICE DATED 9.9.2024

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A. TO JUDGE