High Court of KeralaWP(C)/18047/2015disposed of

Linimol E.K. v. Icic Bank Ltd.

2015-06-22Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 WP(C).No. 18047 of 2015 (E) ---------------------------- PETITIONER:

------------------- LINIMOL E.K., W/O. SUNIL KUMAR C.G, AGED 30 YEARS, CHERADIYIL HOUSE, PLASSANAL P.O, KOTTAYAM DISTRICT - 686579.

BY ADV. SRI.RAJAGOPAL PADIPPURACKAL RESPONDENT:

---------------------- ICICI BANK LTD., HEAD OFFICE, COCHIN, ERNAKULAM DISTRICT, REP. BY ITS AUTHORISED OFFICER.

BY SRI.A.A.ZIYAD RAHMAN, SC ADV. SRI.LAL K.JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 18047 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

COPY OF THE LETTER ISSUED BY THE RESPONDENT BANK DATED 20.12.2013.

EXHIBIT P2:

COPY OF THE REGISTRATION CERTIFICATE PERTAINING TO THE VEHICLE BEARING REG. NO. KL 35 E 9899.

EXHIBIT P3:

COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT BANK DATED 29.4.2015 EXHIBIT P4:

COPY OF THE PETITION FILED BY THE RESPONDENT IN CMP NO.1623/2015 ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE KOTTAYAM.

EXHIBIT P5:

COPY OF THE COMMISSION REPORT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C).No.18047 of 2015 ----------------------------------- Dated this the 22nd day of June, 2015

J U D G M E N T

The petitioner availed a vehicle loan from the respondent Bank. On account of default in repaying the loan amount, the Bank repossessed the vehicle.

2. It appears that, the petitioner issued a cheque to the Bank for discharging the liability. The said cheque was also dishonoured.

3. Considering the facts and circumstances of the case, I am of the view that, if the petitioner wants to discharge the entire liability, the same shall be done within a period of three weeks from today. To enable the petitioner to wipe off the liability, SARFAESI proceedings for the sale shall be deferred for a period of three weeks.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.