Rahul Chandru vs M/S. Icici Bank Ltd
2024 Latest Caselaw 26271 Ker

Kerala High Court

Rahul Chandru vs M/S. Icici Bank Ltd on 3 September, 2024

Author: Anil K.Narendran

Bench: Anil K.Narendran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
         Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
              IA.NO.1/2024 IN WA NO. 1346 OF 2024(FILING NO.)
    AGAINST JUDGMENT DATED 31.07.2024 IN WP(C) 33154/2023 OF THIS COURT
APPLICANT/APPELLANT:

     RAHUL CHANDRU, AGED 30 YEARS, S/O. V CHANDRAPRASAD, KOOTHUMKAL
     HOUSE, CMC 2, NEAR NAIPUNNYA COLLEGE, CHERTHALA, ALAPPUZHA. 688524

RESPONDENTS/RESPONDENTS:

  1. M/S. ICICI BANK LTD, 3RD FLOOR, EMGEE SQUARE, M.G. ROAD, ERNAKULAM
     682035,REPRESENTED BY ITS MANAGER AND AUTHORISED SIGNATORY, MR
     HARIKRISHNAN.M, S/0.CHENTHAMARAKSHAN.T., RESIDING AT MINI VIHAR,
     ROCK WELL ROAD, KALAMASSERY, ERNAKULAM DISTRICT - 683 503
  2. JOINT REGIONAL TRANSPORT OFFICER, SUBREGIONAL TRANSPORT OFFICE,
     NEYYATTINKARA, THIRUVANANTHAPURAM- 695121
  3. KANNAN.V, S/O. VIJAYAN, RESIDING AT SAROVARAM, MULLUVILA, OLATHANNI,
     THIRUVANANTHAPURAM- 695121

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant
leave/permission to the petitioners to file writ appeal against the
judgment dated 31.07.2024 in W.P.(C)No.33154/2024 passed by the learned
single judge.
     This Application coming on for orders on 03/09/2024 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of ADVS. M/S. B.PRAMOD & ATHUL M.V. for the
applicant and of ADVS.M/S.LAL K JOSEPH, P.MURALEEDHARAN (THURAVOOR),
T.A.LUXY(L-78), SURESH SUKUMAR, ANZIL SALIM & SANJAY SELLEN FOR R1 and
GOVERNMENT PLEADER FOR R2, the court on the same day passed the following:
        ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
    -----------------------------------------------------------
                W.A.(Filing No.1346 of 2024)
    -----------------------------------------------------------
         Dated this the 3rd day of September, 2024

                            ORDER

P.G.Ajithkumar, J.

This is an application filed by the petitioner, who is not a

party to W.P.(C) No.33154 of 2023, seeking leave to file an

appeal.

W.P.(C) No.33154 of 2023 was filed by the 1st

respondent seeking a writ of mandamus directing the 2 nd

respondent to issue a fresh certificate of registration as

contemplated in Section 51(5) of the Motor Vehicles Act, 1988

in respect of the vehicle bearing Reg.No.KL-20-P-3161. The

case of the 1st respondent-Bank is that it has repossessed the

vehicle invoking the provision under Section 13(2) of the

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 and therefore a

fresh certificate of registration is liable to be issued despite

non-production of the original certificate of registration.

The learned Single Judge did not allow the writ petition.

The petitioner claims that he is the purchaser of the vehicle

W.A.(Filing No.1346 of 2024)

from the 1st respondent-Bank. He was, however, not

impleaded in the writ petition. Claiming that he is a person

entitled to agitate the matter before this Court, he claims

leave to file an appeal.

Having heard the learned counsel for the petitioner and

considered the facts of the case, we are of the view that the

petitioner has a right to appeal against the judgment in W.P.

(C) No.33154 of 2023. Hence, this petition is allowed.

W.A.(Filing No.1346 of 2024)

Registry shall number the appeal and list for admission

on 11.09.2024.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

03-09-2024 /True Copy/ Assistant Registrar