Kerala High Court
Cholamandalam Investment And Finance ... vs Niyaz Khan on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
RP NO. 1000 OF 2024 IN WP(C) NO.23192 OF 2024
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2024:KER:72569
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
RP NO. 1000 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.23192 OF 2024 OF THE HIGH COURT OF KERALA
REVIEW PETITIONER/S:
1 CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD
HAVING REGISTERED OFFICE AT DARE HOUSE, 2 NSC BOSE ROAD, PARRYS,
CHENNAI, AND BRANCH OFFICE AT 2ND FLOOR, RAJA COMMERCIAL
COMPLEX, OPPOSITE AKSHARA OFFSET PRINTERS, THIRUVANANTHAPURAM
DISTRICT REPRESENTED BY ITS AREA CREDIT MANAGER AND AUTHORIZED
OFFICER,, PIN - 600001
2 AREA CREDIT MANAGER
AND AUTHORIZED OFFICER, CHOLAMANDALAM INVESTMENT AND FINANCE
COMPANY LTD, HAVING REGISTERED OFFICE AT DARE HOUSE, 2 NSC BOSE
ROAD, PARRYS, CHENNAI, AND BRANCH OFFICE AT 2ND FLOOR, RAJA
COMMERCIAL COMPLEX, OPPOSITE AKSHARA OFFSET PRINTERS,
THIRUVANANTHAPURAM DISTRICT,, PIN - 600001
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/S:
NIYAZ KHAN
AGED 47 YEARS S/O A. KABEER, FLAT NO. 15, PADNABHAM HOMES KALADY,
SOUTH, THIRUVANANTHAPURAM DISTRICT, PIN - 695002
RP NO. 1000 OF 2024 IN WP(C) NO.23192 OF 2024
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2024:KER:72569
OTHER PRESENT:
SRI.K. SHAJ
THIS REVIEW PETITION HAVING FINALLY HEARD ON 30.09.2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
RP NO. 1000 OF 2024 IN WP(C) NO.23192 OF 2024
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ORDER
The present review petition is filed to review the judgment
dated 06.09.2024 passed in W.P.(C) No.23192/2024.
2. The learned Counsel for the review petitioner submits
that in paragraph 3 of the judgment dated 06.09.2024 passed in
W.P.(C) No.23192/2024, it has been observed as under:
"3. The learned counsel for the respondent Financial Institution
submits that the Financial Institution has no objection in handing
over the possession of the secured asset to the petitioner. However,
this Court may put a condition that in case of making any future
default by the petitioner in making repayment of the remaining loan
amount of the respondent Financial Institution, the Financial
Institution shall proceed to take the secured asset of the petitioner."
3. Learned Counsel for the review petitioner submits that
the Counsel did not have the instruction for handing over the
possession of the secured asset to the petitioner in the writ
petition. Without instruction from his client, the Counsel made
RP NO. 1000 OF 2024 IN WP(C) NO.23192 OF 2024
2024:KER:72569
the said submission.
4. This Court finds no justification for entertaining this
review petition. However, this Court has squarely secured the
Financial Institution's interest in the event of future default by the
petitioner in the writ petition as much as it was directed in the said
judgment that the Financial Institution shall be free to take
possession of the secured asset from the petitioner in the writ
petition.
4.1 It is, therefore, clarified that the Financial Institution
shall be free to take possession of the secured assets from the
petitioner in the writ petition if the petitioner commits future
defaults.
The review petition stands disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
