High Court of KeralaWP(C)/14995/2015disposed of

Mohammed Rafi C.H v. The Chief Manager/Authorized Officer

2015-05-26Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 14995 of 2015 (Y) ---------------------------------------- PETITIONER:

------------------ MOHAMMED RAFI C.H, AGED 43 YEARS, S/O.RAFI, CHULLIPARAMBIL HOUSE, ATHANI MADAVANNA.P.O, KODUNGALLUR, THRISSUR, PIN-680666.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT:

---------------------

1. THE AUTHORIZED OFFICER/ASSISTANT GENERAL MANAGER, CORPORATION BANK, PARAKKOT BUILDING, KODUNGALLUR THRISSUR DISTRICT, PIN-680664.

2. CORPORATION BANK, KODUNGALLUR BRANCH, REPRESENTED BY ITS BRANCH MANAGER, PARAKKOT BUILDING, KODUNGALLUR, THRISSUR DISTRICT, PIN-680664.

BY SRI.VIVEK VARGHESE P.J.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14995 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 THE TRUE COPY OF ORDER DATED 01/04/2015 IN CRL.M.P.2014/2015 OF THE CHIEF JUDICIAL MAGISTRATE COURT,THRISSUR EXT.P2 THE TRUE COPY OF RECEIPT ISSUED BY THE SECOND RESPONDENT TO THE ADVOCATE COMMISSIONER ACKNOWLEDGMENT RECEIPT OF POSSESSION OF THE VEHICLE EXT.P3 THE TRUE COPY OF CERTIFICATE DATED 07.05.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXT.P4 THE TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN ACCOUNT OF THE PETITIONER ISSUED BY THE SECOND RESPONDENT BANK.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.14995 of 2015 ******************************************************* Dated this the 26th day of May, 2015

JUDGMENT

The petitioner is the owner of Ashok Leyland Passenger Bus bearing registration No.KL-47-D-4041. The petitioner availed a loan from the respondent Bank. The petitioner defaulted in repaying the loan amount. Accordingly, the vehicle has been seized by the respondent Bank with the assistance of the Chief Judicial Magistrate, Thrissur. The petitioner seeks custody of the vehicle and repayment of the loan amount.

2. Learned counsel for the Bank would submit that an overdue amount is around Rs.2,10,000/- and the liability is more than Rs.29 lakhs.

Considering the facts and circumstances, the vehicle being a running stage carriage vehicle, the following directions are issued:

W.P.(C) No.14995 of 2015 2

1. If the petitioner remits Rs.1,00,000/- (Rupees One lakh only) within one week, the vehicle shall be released to the petitioner on undertaking that the petitioner will not move the vehicle outside the route permitted under permit.

2. That undertaking also shall be filed before the Bank.

3. The remaining amount in the overdue shall be cleared in six monthly instalments along with regular EMI.

4. If the petitioner defaults in making the payment of overdues or regular EMI consecutively for two months, respondents are at liberty to proceed against the vehicle in accordance with law.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln